In the latest case of illegal government surveillance gone wrong El Paso Police Officer Irvin Mendez was arrested last night for secretly recording an consensual intimate encounter between himself and a woman without her consent. He was booked into the El Paso County Detention Facility on a single charge of invasive recording with a $3,000 bond. Mendez is 29 years old and his only known priors are traffic citations. He was relieved of his duties by Internal Affairs and placed on paid administrative leave pending the outcome of the case.
In the state of Texas Invasive Visual Recording is felony. To be convicted the state must prove beyond a reasonable doubt that Officer Mendez "without the other person's consent and with intent to invade the privacy of the other person, the person: (1)photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (2)photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or (3)knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2)." (https://codes.findlaw.com/tx/penal-code/penal-sect-21-15.html).