Texas § 38.451 EVIDENCE DEPICTING INVASIVE VISUAL RECORDING.

Texas Statutes

§ 38.451 — EVIDENCE DEPICTING INVASIVE VISUAL RECORDING.

Texas § 38.451

Code CRCode of Criminal Procedure

This text of Texas § 38.451 (EVIDENCE DEPICTING INVASIVE VISUAL RECORDING.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 38.451 (2026).

Text

Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING.

(a)During the course of a criminal hearing or proceeding concerning an offense under Section 21.15 , Penal Code, the court may not make available or allow to be made available for copying or dissemination to the public property or material that constitutes or contains a visual image, as described by Section 21.15 (b), Penal Code, and that was seized by law enforcement based on a reasonable suspicion that an offense under that subsection has been committed.

(b)The court shall place property or material described by Subsection (a) under seal of the court on the conclusion of the hearing or proceeding.

(c)The attorney representing the state shall be provided access to the property or material described by Subsection (a). In the man

Free access — add to your briefcase to read the full text and ask questions with AI

Art. 38.451. EVIDENCE DEPICTING INVASIVE VISUAL RECORDING. (a) During the course of a criminal hearing or proceeding concerning an offense under Section 21.15 , Penal Code, the court may not make available or allow to be made available for copying or dissemination to the public property or material that constitutes or contains a visual image, as described by Section 21.15 (b), Penal Code, and that was seized by law enforcement based on a reasonable suspicion that an offense under that subsection has been committed.
(b) The court shall place property or material described by Subsection (a) under seal of the court on the conclusion of the hearing or proceeding.
(c) The attorney representing the state shall be provided access to the property or material described by Subsection (a). In the manner provided by Article 39.151 , the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial shall be provided access to the property or material provided by Subsection (a).
(d) A court that places property or material described by Subsection (a) under seal may issue an order lifting the seal on a finding that the order is in the best interest of the public.

Legislative History

Added by Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317 ), Sec. 3, eff. June 18, 2015. Amended by: Acts 2025, 89th Leg., R.S., Ch. 11 (S.B. 836 ), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 11 (S.B. 836 ), Sec. 3, eff. September 1, 2025.