YALT: is it illegal to take photo of someone without their permission?

[BoomerD]

WTF? double post

 

[Nox51]

I wonder if one could point a laser at the camera to "blind" it. If it's mounted high up on the house it isn't moving away anytime soon and it shouldn't be hard to make a fixed support for a laser.

 

[TheVrolok]

How old are you OP?

 

[geno]

is it still legal if she was uncomfortable about him taking the photo?

Yes.

 

[Ruptga]

One of my neighbors down the street is in a running battle with the guy who lives next door to them. He has a video camera mounted on his house, fairly high, and it points over their fence and into their hot tub.
Cops won't do anything about it...so they illegally built their fence higher...and he called the building permit/code department...who ordered them to take down the taller fence.
They've applied for relief on the fence issue, but the last I heard, they've lost time and time again...
He also has a spot light in his back yard that points into the houses behind him...and he has a video camera that covers that area as well...
The neighbor is loony as can be...no one on the street likes or talks to him anymore.

All this and nobody has had any accidents with a .22 or even a bb gun?

 

[Number1]

I need help guys, i need to file a compliant on my neighbor.

So I was washing my car downstairs in the parking area of my 7 story apartment. While I was doing that, my GF was sitting on the side petting a stray cat that frequents the property. When I was about finished with the car wash, my neighbor (nobody likes this old man because he is kinda crazy) came up to me, asked for my permission to speak to me. I told him okay and he started to talk to me about laws about stray cats and a bunch of mumbo jumbo. Basically, he just wanted to get rid of the cats.

Then, he told me he took a picture of my GF in the parking area petting the cat from his unit. I got upset, told him a bunch of stuff and ended the conversation right there.

I want to file a complaint to the property manager (they are not in since its the weekend) and possibility call the police about this if this is a violation of some type of privacy law. I looked all over online and i couldn't find anything about this, so I need some help. So please, help me find the law that saids this is illegal, if there is one. I live in Hawaii BTW.

Thanks!

PS. my neighbor is nuts, others in the building has filed TRO against him. I am kind of afraid for my gf's safety.

You sound like a cranky bastard. There are no laws against taking pictures in public however, there are laws against stray cats. The old man should call animal control and submit the pictures as evidence if your significant other is attracting this vermin for no good reason.
PS: I hope this did not make you feel too uncomfortable. I wouldn't want to break any of your imaginary laws...

LOL

 

[Number1]

All this and nobody has had any accidents with a .22 or even a bb gun?

I agree, that would solve the problem nicely HOWEVER don't you think the camera would record it?

 

[ModerateRepZero]

All this and nobody has had any accidents with a .22 or even a bb gun?

I was thinking that or a tent covering the hot tub with a sign saying something along the lines of "no perv viewing"

 

[DrPizza]

All this and nobody has had any accidents with a .22 or even a bb gun?

The problem with that is that it wouldn't be terribly difficult to determine the direction from which a .22 was fired at the camera.

That was my first thought too... what would I do if I had a neighbor with a camera aimed at my hot tub. It would probably start a small war. I'm pretty clever. And, I'd enlist the cleverness of a whole army of people online to help me in my efforts to defeat the neighbor. I'm pretty certain I'd win such war.

 

[LittleNemoNES]

I admit to taking the picture if you stop attracting them critter cats.
Here you can have the picture back:

 

[D1gger]

it is illegal in canada.

I'd like to see some proof of this. I don't believe it is any different in Canada than the US.

 

[Eli]

You have to be very careful in Texas to be a single man with a digital camera. We have a law called improper photography which is a state jail felony and will cause you be considered a sex offender. If an officer spots you with a camera taking pictures he has a right to inspect the media for "improper" images.

If this incident happened in Texas, he could have called the cops and said the picture was taken without permission. If the officer viewed the photograph and determined the nature of picture was sexual, its game over.

NOW, I think this law is complete hogwash because these determinations are very subjective. But many have been successfully prosecuted.


--
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person;

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to:
(i) invade the privacy of the other person; or
(ii) arouse or gratify the sexual desire of any person; or
(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

loltexas.

Why we didn't let them secede - encourage them, even.. I will never know.

 

[L00PY]

One of my neighbors down the street is in a running battle with the guy who lives next door to them. He has a video camera mounted on his house, fairly high, and it points over their fence and into their hot tub.

If someone was doing that to me, I'd probably just buy either a small spotlight or a laser pointer and just light up the camera when ever I wanted to use the hot tub. A green laser might be enough to actually damage the sensors, not that I'd want that.

Back to the OP, IANAL but I strongly suspect that even though the picture was taken on private property, given that it's common grounds, as others have said there's no expectation of privacy. If it's freely accessible enough for the public to walk through, there's probably even less protection afforded.

This question of what's permissible and not is often addressed as First Amendment issues arise. Here he first place to look would probably be within the state laws, in particular anti-voyeurism laws like §711-1110.9 and §711-1111. I skimmed it and it doesn't appear as if he violated those state laws from what you described.

 

[bobdole369]

Sorry, as your signature states this info is wrong. There is no minimum age requirement and the subject does not have to be in a public place. The law is "reasonable expectation of privacy." Standing in the common area does not give you a reasonable expectation of privacy from your neighbors. Another way to think about it is if someone can see you without violating your privacy, then they can photography you and use it editorially. It's considered a form of free speech.

Even if you are inside of your home, if the drapes are open and the window can be seen from the street, I can photography you standing at the window. Or if you answer the front door of your home, I can stand in the street and take your photo.

Now if I use a long telephoto lens to shoot a photo of you through a small crack in the curtains or something similar, then that is generally violating your reasonable expectation of privacy.

QFT - this is the most accurate info in this thread. State law may vary, Didn't know of TX law till today. Generally speaking, its OK for anyone to photograph you if you don't have an expectation of privacy. This means its perfectly fine for pervo's to photograph with telephotos on the beach, and its also fine to take pictures in the club while you are grinding away, its also fine for them to snap pics of your disgusting beav while your drunk ass shows it to everyone when leaving a car.

Granted that last one is a little subjective.

 

[NFS4]

Please refer to this thread:
http://forums.anandtech.com/showthread.php?t=2101647

Is this your neighbor?

Oh man, that was such a creepy movie! :biggrin:

 

[preCRT]

I'd like to see some proof of this. I don't believe it is any different in Canada than the US.

They talk funny in Canada. Of course, they talk even funnier in Texas and have the added bonus of being crazier too.

 

[Phoenix86]

loltexas.

Why we didn't let them secede - encourage them, even.. I will never know.

Care to explain what you object to? This law basically prevents up-skirt/dressing room shots under the guise of "being in public". I'm generally for gov't staying the fuck out of citizen's business but I can't really take issue with that law.

 

[Ancalagon44]

I was expecting something more along the lines of:

"This... uhhh... friend of mine, Dave.. yeah Dave... lost a webcam once and it turned out it lodged itself behind a mirror and continued recording. Anyway, some time later, by pure chance, his incredibly neighbour came to stay and used the room with the mirror, and found out is now pressing charges."

But since thats (unfortunately) not the case, no I dont think you have a legal grounds. Its a bit creepy but she was in a public place.

 

[JulesMaximus]

I'm curious what he thinks he can do with the picture...

So your GF was petting a stray cat. Big freaking deal. So he took a picture of her petting a stray cat. Big freaking deal. Much ado about nothing IMO.

 

[alkemyst]

If the picture was taken on public property and the subject was of the age of majority, it's legal. There sre a few exceptions but that's the generzl rule.

Since this incident occurred on private property, he has no right. A common area in an privately owned housing complex is still considered private property. I wouldn't get the cops involved for one photo but I'd definitely complain to the landlord. If he's harassing other tenants, they're in their power to evict him if he refuses to stop.

This...

also taking the picture and distributing it are two separate things as well.

Sounds like a crazy old man. I know how I'd handle this esp if threatening animals.

 

[dabuddha]

One of my neighbors down the street is in a running battle with the guy who lives next door to them. He has a video camera mounted on his house, fairly high, and it points over their fence and into their hot tub.
Cops won't do anything about it...so they illegally built their fence higher...and he called the building permit/code department...who ordered them to take down the taller fence.
They've applied for relief on the fence issue, but the last I heard, they've lost time and time again...
He also has a spot light in his back yard that points into the houses behind him...and he has a video camera that covers that area as well...
The neighbor is loony as can be...no one on the street likes or talks to him anymore.

Your neighbor with the hottub should keep a spotlight shining right into the camera all the time.

 

[DivideBYZero]

This...

also taking the picture and distributing it are two separate things as well.

Sounds like a crazy old man. I know how I'd handle this esp if threatening animals.

Yeah, I bet you'd beat him up like a big hard man. Oooh yeah, that's hot, it's making me wet, do it, beat him up. oooooooooohhhhhhhaaaaaahhhhhhhhhhhhhhhhhhh!

 

[alkemyst]

Yeah, I bet you'd beat him up like a big hard man. Oooh yeah, that's hot, it's making me wet, do it, beat him up. oooooooooohhhhhhhaaaaaahhhhhhhhhhhhhhhhhhh!

You have some seriously deep rooted issues.

When did I say I'd beat his ass?

I will guarantee you, we'd have a real conversation about his threats though.

Maybe you enjoy going through life taking it in the ass by old men...they created a site for you, something about lemons.

 

[Sho'Nuff]

It's not at all illegal. You have no expectation of privacy in a public place.

This.

 

[Ruptga]

The problem with that is that it wouldn't be terribly difficult to determine the direction from which a .22 was fired at the camera.

Find another neighbor you don't like
Creep onto his lawn
Shoot camera(s)
Retrieve brass
Gtfo
???
Profit