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Houston Man Arrested for Improper Photography

Abc 13 reports that Bryant Munoz was arrested for taking a cell phone picture up a woman’s skirt.  Allegedly, this occurred at the Harris County Criminal Courthouse, which we can all agree is not the best place to engage in debauchery.  He is charged with the State Jail Felony of Improper Photography.  The charge is found in Section 21.15 of the Texas Penal Code.

Improper Photography is rarely filed.  I am not sure if that is because not many people do it, not many people get caught doing it, or it goes unreported.  Although Munoz is a 29 year old man, I could see teenage boys doing something like this at school.  This case should be a warning to all parents and it would be worth it to sit down with teens and explain that their cell phone cameras could cause them to be charged with a felony.

Should this be a felony?  Munoz would have been charged with a misdemeanor if he had punched the woman in the nose, drove drunk through Houston or even broken into a car.  Munoz apparently lacks judgment and may have other issues, but I think the legislature may have over-criminalized this one.

I am interested to hear what his attorney argues, if anything.