Teen charged with improper photography

TRAVIS COUNTY, Texas (KXAN) - A Lake Travis High School student is being charged with improper photography after Travis County sheriff's deputies said they found almost 150 photos of females' bodies.

The charge is a state jail felony punishable by up to two years in prison.

Anthony Marco Gigliotti, 17, took photos of 39 different young women without their consent, deputies said.

Gigliotti reportedly told an investigator that he took the photos because sex education was not sufficient to educate the students at the school.

On Tuesday, Lake Travis ISD issued the following written statement:

“The Lake Travis Independent School District administration is taking the appropriate disciplinary action in accordance with our student code of conduct. This is an isolated incident which the District takes very seriously. The student’s claim contained in the arrest affidavit (regarding the lack of sex education at the school) is completely unfounded. Sex education is part of LTISD’s overall comprehensive health plan which is developed in conjunction with parents who are members of the District’s School Health Advisory Committee.”

A student reported Gigliotti on Jan. 6 after he photographed a girl from behind during class, according to deputies.

Travis County Sheriff's investigators say Gigliotti was very organized and detailed that each picture also had a file name associated with it with the subjects name and physical description.

"There were a few upskirt photos most all the photos they were clothed," said Roger Wade, Spokesperson for TCSO.

Gigliotti faces up to two years in the state jail if convicted, but according to an Austin Criminal Attorney David Gonzalez, Gigliotti will not have to register as a sex offender because the victims were over 12.

It is unclear whether Gigliotti will be allowed to return to the school.

"LTISD cannot comment on the student's disciplinary status but the appropriate action is being taken," said Marco Alvarado with Lake Travis Independent School District.

Meanwhile, Wade said it is better a fellow student came forward sooner than later.

"We can't say what he will do in the future but what we can say is people who do this kind of activity often times move on to other things that are much worse," said Wade.
 

The relatively obscure law can be found in Chapter 21 Section 15 of the Texas Penal Code . Below is the text from that section:

Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this section, "promote" has the meaning assigned by Section 43.21.

(b) A person commits an offense if the person:

(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of 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 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.