As a criminal defense lawyer in League City, Texas, I get asked this question more often than you might think: “Can I legally record, track, or video my spouse if I believe they are cheating on me?” Whether you’re going through a divorce or just furious and looking for proof, the answer isn’t as simple as you’d hope. Texas has specific and sometimes unforgiving laws when it comes to surveillance, even within a marriage.
This article will walk you through the legality of tracking devices, recording conversations, accessing your spouse’s phone, and setting up video surveillance. And yes, we’ll cite the statutes and cases that matter most.
1. Texas Is a One-Party Consent State (but with limits)
Under Texas Penal Code §16.02, it is legal to record a conversation if at least one party to the conversation consents. That means: if you are part of the conversation, you can legally record it.
However, if you try to record a conversation that you are not part of without any party’s consent, you are violating Texas’s wiretapping laws and potentially federal law as well (18 U.S.C. §2511 under the Federal Wiretap Act).
Legal Example:
If you place a recording device in your spouse’s car or purse to capture conversations they have with someone else, and you’re not present, that’s illegal interception.
Penalties:
- State jail felony under Texas law
- Up to five years in federal prison under federal law
2. GPS Tracking and Location Devices
You might think about putting a GPS tracker on your spouse’s vehicle. Be careful.
Under Texas Penal Code §16.06, it’s a crime to install a tracking device on someone else’s vehicle without their effective consent.
What About Joint Ownership?
If you co-own the vehicle, the law becomes gray. Courts have held that if both spouses have ownership or equal right to use the vehicle, the installation of a tracking device might not be considered illegal.
But if the vehicle is solely titled in your spouse’s name? Installing a tracker can get you charged with a Class A misdemeanor – punishable by up to a year in jail and a $4,000 fine.
Case Example:
In State v. Jackson, a Texas man who installed a tracker on his estranged wife’s vehicle without her consent was charged under Texas law. The court held that the installation without consent constituted a criminal offense despite his claims of “marital interest.” Bottomline, if the device is put on the vehicle to surreptitiously track the perceived cheating spouse and not just to keep up with the actual vehicle; you got a problem.
3. Video Surveillance Inside the Home
Texas does not have a specific law prohibiting video surveillance in your own home. However, what matters is where you place the camera and what you are capturing.
- If you set up a camera in shared living spaces like the kitchen or living room, that’s likely legal.
- But placing cameras in private areas like the bathroom or bedroom (especially if your spouse doesn’t know about it) can lead to charges under Texas Penal Code §21.15, known as Invasive Visual Recording.
This statute criminalizes the recording or broadcast of images of a person’s intimate areas or of a person in a bathroom or private space, without their consent.
Penalty:
- State jail felony
- Possible sex offender registration in some circumstances
So yes, secretly recording your spouse undressing or having sex — even in your own home — can land you in serious legal trouble.
4. Accessing Phones, Texts, and Emails
You might be tempted to unlock your spouse’s phone, log into their email, or screenshot their text messages.
Under Texas law, unauthorized access to a computer, network, or electronic device is criminalized by the Texas Breach of Computer Security Law (Penal Code §33.02).
Even if you know the password, if your spouse has a reasonable expectation of privacy, accessing their accounts can be illegal.
Also consider:
- Federal laws under the Computer Fraud and Abuse Act (CFAA)
- Potential civil lawsuits for invasion of privacy or unlawful surveillance
5. How Evidence from Illegal Surveillance Hurts Your Case
Even if you gather evidence of infidelity, if it was obtained illegally, you might not be able to use it in court. In fact, it could be thrown out entirely and used as evidence against you in a criminal case.
In Texas, courts use the exclusionary rule to toss out unlawfully obtained evidence. And if your actions violate state or federal law, you could be facing criminal charges and losing credibility in your divorce proceedings.
6. What Can You Do Legally?
Here are ways to protect yourself and stay legal:
- Hire a licensed private investigator who understands Texas surveillance laws.
- Keep your recordings limited to conversations you are part of.
- Do not access accounts or install devices without clear legal ownership or consent.
- Avoid recording in bathrooms or bedrooms.
- Talk to your attorney before gathering any digital evidence.
7. Surveillance in Divorce Court: Is It Even Helpful?
You may be surprised to learn that Texas is a no-fault divorce state. That means you don’t have to prove cheating to get divorced.
However, proof of infidelity can still matter:
- In property division (if marital assets were spent on an affair, and a greater share of the community estate)
- In child custody (if the affair endangered the child)
- In spousal maintenance/alimony considerations
But remember—judges in Galveston County family courts value legal evidence. Illegally obtained information often backfires.
8. Final Thoughts from a League City Criminal Defense Lawyer
If you’re angry, betrayed, or desperate for the truth, it’s easy to make a decision that crosses the legal line. But a bad choice in the heat of the moment can land you in criminal court and torpedo your position in family court.
At Tad Nelson & Associates, we regularly defend clients facing surveillance-related charges and consult with individuals on how to legally protect themselves during a divorce or custody dispute.
Before you press record, install that app, or log into that account, ask yourself one question:
Would I be okay explaining this to a judge?
If the answer is no—or even maybe—call our office first.
Need Help? Contact Tad Nelson & Associates
Our team defends surveillance-related criminal charges and advises clients on digital privacy, marital spying accusations, and tech-related offenses. We serve clients across League City, Friendswood, Galveston, Clear Lake, and Houston.
Call us today at (281) 280-0100 to request a confidential consultation below.
Don’t risk your freedom just to prove you’re right. Let us guide you safely and legally.