If a photographer were standing next to him who did not have a car load of porn, he would have broken no laws in the state of Texas - unless they have found a way to determine what people are thinking. So it is not the action of photography that is illegal, it's the state of mind.
I have a problem with laws that require photographers to prove they are not sickos or they go to prison.
When this law was passed in Texas years ago, I took note with horror, but I thought surely it would be challenged for constitutionality and be found wanting. That has not happened. There have been people charged under the law for silly reasons, like grandparents who lost visitation rights to the grandkids because they took naked photos of their two-year-old grandkid splashing in an outdoor pool. Yes, the charges were dropped; after they spent tens of thousands of dollars in their legal defense.
Crimes tend to specify behaviors and not mental state. I have a strong aversion to laws that attempt to regulate not what people do, but how they feel about what they do. Yes, a person might be able to defend themselves from such a charge if they are not actually sickos, but at great expense and possibly costing them their jobs, families, and whatever money they may have. Too high a price to 'save' people from having photos taken of their daughters in public under what would OTHERWISE be perfectly legal.
