Can Your Neighbor Legally Record You in Your Own Lubbock Backyard?

So, you're relaxing in your Lubbock backyard. Maybe you're grilling. Maybe you're watering the grass in your underwear. Maybe you're doing some other little goblin activity that you don't exactly want broadcast to the entire world.

Then, you notice something strange: your neighbor's security camera appears to be pointing directly at you.

Crap.

Before you call out a crew to begin construction on a 12-foot privacy fence while you pen a nasty letter to the man next door, let's talk about whether or not your neighbor is actually permitted to record you.

Texas law does not make every single backyard recording automatically illegal.

Texas Penal Code Section 21.15 makes certain recordings illegal if they are made without consent or with the intent to invade someone else's privacy. The law specifically addresses recording a person in a spot where they would have a reasonable expectation of privacy, like a bathroom, bedroom, or changing room.

Unfortunately, your backyard doesn't have Fort Knox-level security privileges.

If your yard is visible from your neighbor's property, and the camera just happens to capture part of it, that isn't necessarily illegal. The circumstances matter, like what is being recorded and the intention behind recording. If they are straight-up trying to invade your privacy, that's a no-no.

So, before you call the cops and start screaming about the Karen next door, snooping on your backyard fun, ask yourself: Are they recording me on purpose to invade my privacy? Or does my backyard just happen to be in the frame of their recording?

If you think your neighbor may be violating your privacy, it's time to consider some legal advice for your specific case.

Good luck, and don't be a nosy neighbor!

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