When suspicions of infidelity arise in a marriage, it’s natural to want answers – and the urge to spy on your spouse can be strong. However, the methods you use to uncover the truth can have serious legal consequences. Texas law is clear on what is permissible when it comes to surveillance, and violating these laws could result in criminal charges, civil liability, or other repercussions.
In this article, the criminal defense and family law attorneys at Varghese Summersett explain what Texas law allows — and prohibits—when it comes to spying on your spouse. If you suspect your spouse is cheating, it’s more prudent to consult a divorce attorney rather than resorting to potentially illegal measures.
Spy on Your Spouse: What Texas Law Says
Recording Conversations
Under Texas Penal Code § 16.02, the Lone Star State is a one-party consent state for recording conversations. This means that it is legal to record a phone or in-person conversation as long as one party consents to the recording.
Examples:
- Legal Recording: If you are on the phone with your spouse, you can legally record the conversation without their knowledge or consent.
- Illegal Recording: It is unlawful to secretly record a conversation between your spouse and a third party if you are not a participant in the conversation.
While Texas is a one-party consent state, the decision to spy on your spouse by recording conversations without their knowledge should be approached cautiously to avoid breaking the law.
Taking Photos and Videos in Public Places
In public spaces, there is generally no reasonable expectation of privacy. You can take photos or videos of your spouse in public without violating the law. However, this does not extend to private settings where privacy is expected.
Examples:
- Legal: Taking a photo of your spouse meeting someone in a restaurant.
- Illegal: Secretly recording your spouse in a private setting, such as a bathroom or changing room. This constitutes invasive visual recording under Texas Penal Code § 21.15. Invasive visual recording is a state jail felony punishable by six months to two years in a state jail facility and a maximum $10,000 fine.
If you attempt to spy on your spouse by capturing private moments, you risk severe penalties under Texas law.
Sharing Intimate Photos or Videos Without Consent
Under Texas Penal Code § 21.16, also known as the “Revenge Porn Law,” it is illegal to share intimate photos or videos of another person without their consent. This includes posting such materials on social media or sending them to others without the subject’s knowledge. Violating this law is a state jail felony punishable by up to two years in jail and a maximum $10,000 fine.
Examples:
- Legal: Sharing intimate photos or videos of yourself or your spouse, provided you are of legal age and both parties consent to the distribution.
- Illegal: Posting intimate photos or videos of your spouse on social media without their explicit consent.
- Illegal: Sending intimate photos or videos of your spouse via text, email, or messaging apps without their knowledge or permission.
- Illegal: Sharing intimate content that was privately shared with you by your spouse (or any other individual) with others without their consent, even if it was initially shared consensually with you.
Accessing Communications Without Permission
It is illegal to intercept or access someone’s communications without their consent. This includes opening mail, hacking into emails, or accessing private accounts. Texas Penal Code § 16.04 prohibits the unauthorized interception or use of communications. Violating this law can be penalized as a Class A misdemeanor or a state jail felony.
Examples:
- Legal: Accessing communications if your spouse has explicitly provided consent, such as sharing login credentials and granting you permission to use their email or account.
- Legal: Reviewing shared communications in a jointly owned or explicitly shared account where both parties have agreed to mutual access.
- Illegal: Opening your spouse’s personal email account without permission.
- Illegal: Intercepting text messages or monitoring phone activity without their consent.
Installing Tracking Devices on Vehicles
Installing a GPS tracker on a vehicle your spouse exclusively owns or leases is illegal under Texas law. Texas Penal Code § 16.06 prohibits the unauthorized installation of a tracking device on another person’s vehicle. Illegally installing a tracking device is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.
Examples:
- Legal: Installing a GPS tracker on a vehicle you own or co-own with your spouse.
- Illegal: Hiding a GPS tracker in your spouse’s car without their consent.
Trying to spy on your spouse by placing a GPS tracker on their vehicle can result in criminal charges if the car is not jointly owned.
Recap: Spousal Privacy Rights During Divorce
In today’s digital age, attempting to invade the privacy of a spouse or ex-spouse has become increasingly complex and consequential. In 2023, Texas passed new legislation that significantly strengthens privacy protections in spousal and ex-spousal relationships. This law specifically prohibits:
- Tracking vehicles or personal belongings of a spouse/ex-spouse without explicit consent;
- Physically following a spouse/ex-spouse or having someone else do so; and
- Accessing a spouse’s phone, online accounts, or social media without permission
The law emphasizes the need for “effective consent,” which requires clear and informed agreement from the spouse for any form of tracking. This legislation impacts how evidence can be gathered in divorce and custody cases, potentially making illegally obtained information inadmissible in court.
While Texas remains a one-party consent state for recording conversations, the new law adds additional restrictions on surveillance methods commonly used in suspected infidelity cases. GPS tracking of vehicles, phone monitoring, and social media surveillance without consent are now explicitly illegal.
It’s important to note that there may be some exceptions, such as court-ordered tracking or law enforcement investigations with proper warrants. However, the full implications of this new law, especially regarding private investigators, are still being determined.
Given these recent changes, it’s crucial for individuals suspecting infidelity to consult with a family law attorney before taking any action that could be considered surveillance. Legal methods of gathering evidence, such as reviewing shared financial records, may still be available.
Violating these new privacy laws can result in serious consequences, including criminal charges, civil liability, and negative impacts on divorce proceedings
What to Do if You Suspect Your Spouse is Cheating
If you suspect infidelity, it’s crucial to handle the situation carefully to avoid violating the law. Here’s a step-by-step guide
- Consult With a Family Lawyer: Before taking any action, speak with an experienced family law attorney. They can advise you on what is legally permissible and help you avoid mistakes that could result in criminal charges or harm your divorce case.
- Avoid Illegal Surveillance: Do not install a tracking device on your spouse’s vehicle unless you co-own the car.
- Don’t Access Accounts: Do not access your spouse’s phone or email accounts without their explicit permission.
- Know the Law about Audio Recordings: Only record conversations if you are a party to the conversation and are within the borders of Texas.
- Gather Evidence Legally: If you need evidence of infidelity, work with your attorney to obtain it legally by:
* Hiring a licensed private investigator familiar with Texas laws.
* Using legally accessible evidence, such as shared financial records that may reveal unusual spending.
* Consulting a lawyer and adhering to legal guidelines, you can avoid serious consequences while protecting your interests.
Potential Consequences of Spying on a Spouse
Engaging in unlawful surveillance can lead to severe repercussions, including:
Criminal Charges
Violating Texas surveillance laws can result in criminal penalties. For example:
- Installing a GPS tracker without consent may lead to misdemeanor charges.
- Sharing intimate images without consent could result in felony charges.
Inadmissable Evidence
Evidence obtained illegally—such as unauthorized recordings or hacked emails—cannot be used in court. In fact, attempting to present such evidence could harm your credibility.
Civil Liability
Your spouse could file a civil lawsuit against you for invasion of privacy or other violations. This could lead to significant financial damages.
Restraining Orders
Illegal surveillance may result in your spouse seeking a restraining order against you, which could complicate custody or divorce proceedings.
Contempt of Court
If your actions violate a court order, you could be held in contempt, resulting in fines or jail time.
Before You Spy on Your Spouse: Call Varghese Summersett
Before you decide to spy on your spouse, call Varghese Summersett. Navigating the dissolution of a marriage is stressful enough without the added risk of legal missteps. If you suspect your spouse is cheating, consult with an experienced family lawyer at our firm. We’ll help you understand your rights and guide you through the process while protecting your interests within the bounds of the law. Call us today at (817) 203-2220 or contact us online to schedule a consultation.
