Is Doing This Legal...?

Question

I saw a story about a guy that had a website where he will post racey pics of young teen girls in public without their or their parents knowledge.
What happens is he goes to like a public swimming pool in the summer. Then takes out a camera with a zoom lens, and starts taking pictures of girls in their swimsuits.
Morally I know this is plain wrong. I want to know if he is breaking any laws legally?
I always understood from news photography that any image shot in a public venue is technically "public domain". And can be used without prior consent.
Is this entirelly true? What say you?

I thought about the stalking thing too, but he doesn't target just one individual. Which makes the whole legality a big question again. I think this guy has done his homework. (unfortunatly)

Answer 1

Well, sorta. It's not an invasion of privacy; and generally pictures of people in public are permitted. However, in most places, the rules change when you're talking about children. There may be a law in your state prohibiting the photographing/broadcasting of images of of children (with their faces) without parental permission... check the news -- very often when they go to a school or the like, they just film the backs of heads and feet.

It also may be "misappropriation of likeness for commercial gain." Just like you couldn't go out on the street, take a picture of a baby, and plaster that on Gerber baby food and billboards advertising the baby food, oftentimes you cannot take pictures of others for promotional purposes. Generic swimsuit pics of people in public may not qualify there, but depending upon the use, it may come clase.

(Plus, that guy is creepy and frightening! It probably won't be long until the guy starts taking illegal pictures, and all will be over...)

Answer 2

This guy is going to get sued and may have his home raided and his computer equipment confiscated and he will probably end up on a sexual predator registry for life...In addition, he might be held civilly or even criminally liable if any of the girls are stalked or harmed by some creep who is "inspired" by his website.

Laws regarding the publishing of photos of individuals in public places without a consent release are usually protected by the First Amendment only if the photo is in some kind of newsworthy context and if the individuals are not the subject of the photograph. Specific laws vary from state to state, but what this creep is doing is clearly illegal, especially since the girls will be underage.

Source: http://www.publaw.com/photo.html

Personally, I hope an angry father, brother, or boyfriend catches this perv in the act and takes more direct action.

Answer 3

I know that in Texas it would be illegal. They passed a law here a while back that makes public filming of a person for sexual arousal purposes illegal without consent from the person in the picture or video or whatever. A teacher about a month ago got busted filming a female wrestling tournament. They said that some of his film work focused too much on female anatomy.

I think that there is a problem with the law and it may get struck down one day because it is too vague. Taking a picture of a cheerleader at a game could be considered to be illegal if someone thinks that the picture was taken with intent of arousal.

Answer 4

Generally speaking, if you, or your children are in public, it is legal for someone to take pictures and publish them.

However, if the person is taking "racy" pictures of young girls and posting them with the intent of appealing to the prurient interests of adults, the person may face some legal issues. Specifically, child endangerment, harrassment, unlawful contact with a minor (there doesn't necessarily have to be physical contact). At the very least, in general, it is not a good idea to engage in that type of activity, and at best, it is criminal in nature and the person could be, and should be arrested and put in prison.

Answer 5

I think the difference is with the "intent" the pictures are taken for. A news picture is an entirely different thing to taking pictures of young girls without their permission and posting them on the net. I would imagine that charges could be brought by parties involved.

Answer 6

While it might be morally wrong, legally-there probably isnt much anyone can do about it. If you are out in public and someone is randomly shooting pictures of a public place...they own the rights to those pictures. Just because you end up in the pictures doesnt change anything.
Think about it, your local news station is out filming and taking pictures of an event in the area. You happen to walk into the cameras view. Do they have to get your permmision to use that on tv or on their website? No.

Answer 7

No, legal aid doesn't do wills. You can buy a do it yourself will at any stationary store.

Answer 8

if the girls don't want any photos of them to be published (electronically or in a news paper) they can sue the photographer for not taking permission to publish specially if they are in a swimming pool not in public streets...

Answer 9

I would think that, considering how he's using the photos, it's not the most legal thing in the world. Probably could even be considered child pornography, especially since they're minors.

Maybe try notifying the authorities? I dunno... this is interesting, I'm interested in the answer.

Answer 10

OK NUMBA ONE, TAKIN PICTURES OF ANYTHING OR ANYONE WITHOUT SOMEONES CONSENT IS WRONG, DISGUSTING, AND A VIOLATION OF PRIVACY... I HOPE YOU DON'T DO THAT!