West Brook's Flanigan Placed on Administrative Leave

[tvc184]

5 hours ago, AHUDDLESTON said:

OK Here is the law:

Texas Penal Code § 21.15. Invasive Visual Recording - See more at:

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(a) In this section:

(1) “Female breast” means any portion of the female breast below the top of the areola.

(2) “Intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.

(3) “Changing room” means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.

(4) “Promote”, “promote” has the meaning assigned by Section 43.21.

(b) A person commits an offense if, 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;another at a location that is not a bathroom or private dressing room:(A) without the other person's consent;  and(B) with intent to arouse or gratify the sexual desire of any person;

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing roomanother at a location that is a bathroom or private dressing room:(A) without the other person's consent;  and(B) with intent to:(i) invade the privacy of the other person;  or(ii) arouse or gratify the sexual desire of any person;  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).

(c) An offense under this section is a state jail felony.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

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Just a tad of a problem with your post. You posted a law that no longer exists.

Oops!!

Now go peruse the actual law and see what you highlighted that no longer exists. If it helps, look up the 2015 legislature and SB 1317. 

 

[ST413]

10 hours ago, tvc184 said:

Just a tad of a problem with your post. You posted a law that no longer exists.

Oops!!

Now go peruse the actual law and see what you highlighted that no longer exists. If it helps, look up the 2015 legislature and SB 1317. 

 

So is the placement of cameras in the locker room illegal?

[Gabe]

22 hours ago, 5GallonBucket said:

I highly doubt he would stay here if they gave it back to him.  only Head Coaches that stay in bmt or come back to bmt are coaches that are from here.....Foreman will be leaving soon too and not because he's forced because he wants too.  Its a political tangled jungle. Trap city.... 

 

I love when fans talk crap on coaches that have streaks like going to the playoffs four years in a row. And yes, if I recall he is 0-4 in those canes. But Central fans might soon miss these days because you never know what you are going to get. 

[AHUDDLESTON]

17 hours ago, tvc184 said:

Just a tad of a problem with your post. You posted a law that no longer exists.

Oops!!

Now go peruse the actual law and see what you highlighted that no longer exists. If it helps, look up the 2015 legislature and SB 1317. 

 

The changes do not affect the status of what is being said in the law.  21.15 (b) still says that you must have intent to invade privacy.  They took out this sentence in the next two sub headings 1 and 2, I guess because it was redundant.  If there is another section that I need to look at, please let me know.  Sorry for the mistakes.

[tvc184]

9 hours ago, ST413 said:

So is the placement of cameras in the locker room illegal?

The law used to say that you have to prove that the person did it for sexual purposes as it does in many laws. There had to be the intent to have "sexual gratification" for any person.

They changed the law that the only required is intent to invade privacy. That is it. There has to be no other intent to use the photos or video and there is no defense to prosecution that you were trying to catch a thief. 

Also under wiretapping, it even specifically mentions law enforcement to try and stop crimes (much more serious than misdemeanor theft). Even if attempting to stop a crime, it is a crime to record anyone without consent of at least one person in the conversation or without a warrant/judge's order. 

[fireinthehole]

Are they going to press charges?

[tvc184]

1 hour ago, fireinthehole said:

Are they going to press charges?

If you are asking me, honestly I have no clue what happened. I've seen lots of rumors and accusations. No matter what happened, the DA has the discretion over prosecution and what he feels is in the "interest of justice". I've worked cases where technically a crime could be proven but under the circumstances, it was understandable not to prosecute. 

As it says in the Texas Code of Criminal Procedure, the duty of the DA is not to prosecute all crimes but to seek justice in a particular situation.

Art. 2.01. DUTIES OF DISTRICT ATTORNEYS. Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.

 

So even if the DA could maybe get charges past a jury, in some situations it might not be the best answer. The law is generally black and white. The correct response to those laws is not always so clear. 

[fireinthehole]

Thank you TVC for the detailed response. 

[LumRaiderFan]

17 minutes ago, fireinthehole said:

Thank you TVC for the detailed response. 

That is the only type of response TVC will deliver!  

[Gabe]

7 hours ago, tvc184 said:

The law used to say that you have to prove that the person did it for sexual purposes as it does in many laws. There had to be the intent to have "sexual gratification" for any person.

They changed the law that the only required is intent to invade privacy. That is it. There has to be no other intent to use the photos or video and there is no defense to prosecution that you were trying to catch a thief. 

Also under wiretapping, it even specifically mentions law enforcement to try and stop crimes (much more serious than misdemeanor theft). Even if attempting to stop a crime, it is a crime to record anyone without consent of at least one person in the conversation or without a warrant/judge's order. 

TVC,

Say he is prosecuted and found guilty, would this type of offense warrant him being labeld as a sex offender?

[tvc184]

11 minutes ago, Gabe said:

TVC,

Say he is prosecuted and found guilty, would this type of offense warrant him being labeld as a sex offender?

No.

[Bulldogpower]

On 11/26/2016 at 2:39 PM, BMTSoulja1 said:

I'm done with you...  honestly.  lmbo...  don't worry...  have fun at the upcoming anual spring football game...

Didn't you beat the Nederland drum all season? I was starting to suspect you was upset Nederland didn't make the playoffs cause you couldn't pull for them as you've had to do for last 8 years and then 15 years before that. Don't get all in a knot when you fire shots at a city and then yours gets in the news again and expect them to not say anything. And we will enjoy the spring game and take ANOTHER DC and beat central.....for the 7the straight year. Maybe TF should try some, might help out your program and give you central people something to be happy about instead to whining about the sub par coaching all season.