Texas law - is this illegal or criminal?

[Shoot2Kill]

First, let me apologize for my choice of user names - when I think about this situation, I get kinda crazy and certainly feel that way at times.

I live in rural Johnson County Texas - south of Fort Worth, near Burleson.

My neighbor has a set of French doors facing my backyard with only a chain link fence between the properties. Is it illegal for him to stand naked behind the glass, yet in full view to my backyard and masturbate while watching my wife work out in our yard and gardens?

I actually witnessed this late last summer and after getting riled up about it I blew it off thinking "what a poor poor soul he is". But, this past weekend I am fairly sure it happened again, although I did not personally see him this time.

Right now, it's just my word against his, but I feel like this is similar to what they say about cockroaches - "if you see one, there are hundreds". And I don't care to ruin the guy's life or anything, I just want him to stop.

He's married and these incidents happen when his wife is not home. I've learned to watch for the signs - 1) him home alone, 2) the blinds in the French door raised all the way up, etc. I normally just make my self visible by popping into view from various locations. I have tried to get a picture but have yet to find a place where I can see that door without being seen.

Short of shooting the bastard where he stands with private parts in hand, I am contemplating two things - 1) a very tall privacy fence, 2) a video camera mounted with a clear view of that door. I have yet to do either, but am saving the funds to do something - I just don't understand why I have to spend my hard earned money to protect my family from perverts while we are enjoying our yard and gardens on our property.

Lots of questions - 1) is his action illegal or criminal? 2) is there anything I can do about it without any real proof? 3) do I violate his "rights" if I aim a video surveillance camera at that door?

Any advice appreciated.

Best Regards,
Mike

[Babysmamadrama]

Mike, there should be at the very least a sexual misconduct law in your town. This guy, who could very well be a sexual predator (something else you could check with your local law enforcement about) is committing a crime by exposing himself to you and your wife in an obvious sexual fashion, and disturbing your peace. Don't let him do it. Contact your local cops and advise them about it.

Have you and your wife seen this? If so, file a complaint. At the very least the guy will get investigated for it. Then he will definitely get the message.

As far as the fence goes, that might solve the problem, and videotaping him in the act would be good evidence for the police, may or may not get you sued. But you probably would have a good defense against it considering the mental anquish you and the missus had to endure because of this guy.

I am sure you already have, but if you go kids, tell them to stay clear of this guys house.

I admire your restraint about not kicking that guy in his sorry butt. A lot of us cops have wives and I would be overjoyed to help you with this guy if I were there.

[Coastie 585]

I would call that sexual misconduct. Atleast an Indecent Exposure.

That is sick.

[txinvestigator1]

From the Texas Penal Code


Text
§21.08. Indecent exposure.

(a) A person commits an offense if he exposes his anus or any
part of his genitals with intent to arouse or gratify the sexual
desire of any person, and he is reckless about whether another is
present who will be offended or alarmed by his act.

(b) An offense under this section is a Class B misdemeanor.



Make a report NOW. Then set up a video and tape him if he does it again and report it again.

[john2190]

I agree, that's sick.

[Finder]

TX, if this idiot stays in plain view BEHIND the glass door, can he be taped?

[TALLON]

Sorry, I thought I had closed the drapes. :D

[Metallic4]

That's definitely a crime he can be arrested for. I don't know if you want to document it for court or just call the cops. I would call the police when it is happening, or call the Sex Crimes unit or equivalent and ask to speak to a detective. Good luck man, I have to say you are showing some good restraint.
P.S. If you really wanted to get him good, set up a video camera somewhere he can't see and then give it to his wife .

[txinvestigator1]

Can he, as is it physically possible? Like is the camera capable of recording an image through the glass?

[txinvestigator1]

That's definitely a crime he can be arrested for. I don't know if you want to document it for court or just call the cops. I would call the police when it is happening, or call the Sex Crimes unit or equivalent and ask to speak to a detective. Good luck man, I have to say you are showing some good restraint.
P.S. If you really wanted to get him good, set up a video camera somewhere he can't see and then give it to his wife .

In Texas a LEO cannot arrest without a warrant for a misdemeanor not committed in his presence or view with but few exceptions. 21.08 is not an exception, so the LEO would have to see the guy to arrrest him, or have a warrant. The victim could arrest, but she/he cannot enter private property to do so.

[Metallic4]

I'm not sure, I would think it's feasible though. It would make GREAT evidence for court.

[Finder]

Sorry, poor wording. Is it legal to film him when he is in his home, in plain view.

[txinvestigator1]

I'm not sure, I would think it's feasible though. It would make GREAT evidence for court.

Humm, I am asking Finder to clarify his question. Does he wish to know if it is legal to tape, or possible?

[txinvestigator1]

Sorry, poor wording. Is it legal to film him when he is in his home, in plain view.

Yes sir, under these circumstances. it would be illegal if the victim were making the recording to arouse or gratify the sexual desire of any person, but in this case they are not. They are recording for evidence.

[Babysmamadrama]

In Texas a LEO cannot arrest without a warrant for a misdemeanor not committed in his presence or view with but few exceptions. 21.08 is not an exception, so the LEO would have to see the guy to arrrest him, or have a warrant. The victim could arrest, but she/he cannot enter private property to do so.

So in Texas, a private citizen can make an arrest for a misdemeanor committed in their presence?