photographing children on private property

[jhilborn]

My family is currently undergoing terrorism, including, but not limited to, threats, harrassment, physical assault, battery, and now, photography of my small children. When the police were called on this, they told me anyone has the right to take pictures of anything, children or not; private property, or not. As a former teacher, it was my understanding that there are strict rules with the photography of children. Can anyone help me understand what the legalities are?

jen

[Will Strain]

Yikes!

Generally speaking, in the United States the laws I know of that protect against the photography of children have more to do with the commercial use of those photographs. Taking them provided the photographer is on public land (ie. standing on a sidewalk, photographing into a private yard), would not be illegal in itself, just the usage might be. Tho certainly its bad form, and just icky (to use the technical term).

I am not a lawyer, and don't really know much about privacy issues. I hope that you are pursuing some manner of restraining order, and/or pressing charges for the other more serious offenses.

I hope it all resolves and that your children are safe.

[John_4185]

Tell us the whole story so that we can reply with informed ideas.

[Jeremy Moore]

Along with the others, I am not a lawyer, but my understanding is that it is legal to photograph private property from public property. The caveat is that this can not be done if there is a reasonable sense of privacy--for example telephoto through a 2nd story window or over what is correctly termed a "privacy fence."

I think if you are experiencing threats, harrassment, physical assault, and battery then you have a very serious problem which needs to involve LOTS of documentation, police involvement, civil involvement (find a good lawyer), and restraining orders. If you have a straining orders against said individual(s) then it would be very difficult for them to photograph your children.

Of course this would only apply in the US as I know even less about the law outside of my country, but you need to be talking to a lawyer (both civil and a district attorney) about this and not a photography forum.

[Jeremy Moore]

edit: sorry, "reasonable sense of privacy" should read "reasonable EXPECTATION of privacy"

[John Berry ( Roadkill )]

Own a baseball bat? Lawyers and police are only good after the fact.

[Daniel Grenier]

Seems to me the photography part of your problems is the least of your concerns.

So the police said its OK to take pictures? And what did they say about the "threats, harrassment, physical assault, battery"??? All good too? Usually, those who commit such acts go to jail in a hurry. At least where I live... So what happened with those (definite) offenses? I'm really missing something in your story here.

[Frank Petronio]

Document everything and photograph them. And get a good lawyer - the internet is a lousy place for legal advice.

[Bob Salomon]

A lawyer should be able to get a judge to issue an injunction to stop the harrasement as long as you can prove there is harrasement.

[Don Miller]

Remember that there are as many styles of lawyers as there are types of people. If you get a "wishy washy" answer from your family attorney, consider talking to a defense lawyer who was a former prosecutor. It doesn't have to be a "top guy", someone who just started is fine. When you need an adversarial lawyer be sure to hire one.

[Paul Butzi]

My family is currently undergoing terrorism, including, but not limited to, threats, harrassment, physical assault, battery, and now, photography of my small children.

With all due respect, given that the 'terrorism' includes (but is not limited to) threats, harrassment, physical assault, battery, why do you see the photography of your children as the threat that puts this over the top?

And why, when your family is being threatened, are you asking for advice on what to do on what is not only a photography forum, but one which specializes in photography done with large format cameras?

You need to hire a bodyguard, or an agressive, adversarial lawyer, or (my preference) both. What you don't need is bad legal advice from a group of people who are sympathetic but otherwise not really able to help.

[Mark_3632]

TROLL?

[Bee Flowers]

Absolutely a troll. Those people who feel their children are threatened by a camera (especially after having suffered 'terrorism'!) and call the cops just for that, are illiterates who believe in alien abductions and regularly spot Elvis too. They don't post to Large Format photo lists; wouldn't know how to, even if their life (or that of their children) depended on it.

[Bee Flowers]

Picture the headlines: "Photographer ate my baby".

[jhilborn]

Ouch, bee flowers, you do have quite a sting? Until your family is going through what we are, I think you should keep your nasty thoughts to yourself. I ended up on this site, when I was searching for the legal aspects of photographing children. And, it isn't just the photographing my children that "put me over the top". However, it is a part of the case. I was just asking. I f you can't empathize, don't respond.

[Brian C. Miller]

I remember when Tanya Harding grabbed a minicam and started filming all of the reporters who were filming her. They didn't like it one bit! I suggest you do the same, which at a minimum will document the harrassment.. (Besides what everybody else said, it's time for a lawyer!)

[Frank Petronio]

Bee graced the old PN Leica forum too. What a nice heart warming place that was...

[Ole Tjugen]

Is the "terrorist" using a large format camera? If not, why ask here?