Darryl Keith Suber, Jr. is accused of invasive visual recording of a female server at a Hooters in Humble 14 months ago.
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He's alleged to have recorded an employee using the restroom on his cellphone camera.
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According to the charging document, Suber claimed he thought he was in the men's restroom.
The charge was later dismissed, but was refiled this week and accompanied by an additional charge of possession of child pornography. The cases were investigated by Humble police.
Suber has an arrest record dating back nine years, when he was a student at Kingwood High School. He was charged with attempted improper visual recording.
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That was the first of several charges that were dismissed, with several of them involving improper photography and indecent exposure.
Suber pleaded guilty to attempted possession with intent to promote child pornography in 2016. He was given deferred adjudication, and placed on probation.
In the search warrant related to the Hooters case, Suber's probation officer told police that Suber didn't believe there should be an expectation of privacy in a public restroom, and he didn't think it should be against the law to photograph someone in the restroom, because, "You can't deny your urges."
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Suber is expected to appear before a magistrate by Monday.
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