Charges against a former youth pastor accused of videotaping four teenage girls in a shower at a Pasadena church in 2007 may not be valid because they were not filed within the three-year statute of limitations.

Thomas Jason Fortenberry, 30, was charged Thursday with two counts of improper photography for the alleged Nov. 4, 2007, incident.

However, Texas law reads that the two state jail felonies must be charged within three years of the offense, a time limit that expired in November.

Asked about dismissing the charges Monday, prosecutors said they are still "evaluating the evidence."

"These are serious accusations," Assistant Harris County District Attorney Roger Bridgwater said in a written response. "It is incumbent upon us to make sure that we have the necessary evidence and that the charges we file are appropriate."

He said there would be no further comment until the office completes its evaluation.

Fortenberry is accused of picking two 15-year-olds and two 17-year-olds for a church game similar to the television show Fear Factor which ended with the girls being covered in honey.

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According to court documents, Fortenberry recently admitted to the two older girls that he hid a camera in the shower at the Greater Harvest Community Church at 2121 Genoa Red Bluff in Pasadena. He said he taped them disrobing and washing the honey off.

Fortenberry also told one of the girls he videotaped the two 15-year-olds that day, according to the criminal complaint.

When confronted by investigators, Fortenberry would only say that "he had done things he should not have done," court records show.

Fortenberry faces a maximum of two years behind bars if convicted of the state jail felonies.

brian.rogers@chron.com