Don't worry, this isn't me. I'm just curious. If someone tapes you having sex can they be prosecuted if the other person finds out and did not consent to the recording?
2007-07-14 10:59:42 · 10 answers · asked by CMDS 2 in Politics & Government ➔ Law & Ethics
ABSOLUTELY.
2007-07-14 11:08:12 · answer #1 · answered by A M 3 · 0⤊ 2⤋
In most states there is a law that states you have to be given prior notice before you were taped unless it's on public property. So yes you can be prosecuted and be made to pay a fine and go to jail. As for public property if you're dumb enough to do something there you can be taped in most states without being given notice of it. However the person taping isn't normally allowed to make a profit off the tape without getting consent first.
2007-07-14 13:29:37 · answer #2 · answered by Robert B 2 · 1⤊ 0⤋
Yes, if there was a reasonable expectation of privacy they can be prosecuted under the "peeping tom" laws.
The exceptions are;
1. if the person doing the taping was a participant and the taping occurred in a 'single consent' state, (where only one person involved has to give consent).
2. there was no reasonable expectation of privacy, such as if you were having sex on your front lawn or in a public place.
2007-07-14 11:22:09 · answer #3 · answered by Gray Wanderer 7 · 1⤊ 0⤋
It depends. Because there is an implied "right to privacy" in the Constitution it's probably not a default that this is illegal. It would depend entirely on the locality addressing it specifically.If there is no local statute making it illegal then there would need to be another law which was used to show the taping was intended to cause harm to another person. If the tape is just part of a private collection then it might be difficult to demonstrate that.
2007-07-14 11:16:01 · answer #4 · answered by David S 5 · 1⤊ 0⤋
Most likely, no.
It depends on where the incident occurred.
In many states it is not illegal to set up video surveillance of your own home without warning anyone about the existence of the recording equipment.
Someone having sex in front of cameras that they don't know are there would be akin to someone shoplifting in front of a camera they didn't know was there.
It would be illegal to profit from the tapes without written authorization.
2007-07-14 11:33:09 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Quite frankly, "It Depends". This is a fact specific question. If the person isn't selling the tape or displaying any part of it to anyone else, then the answer is probably NO.
2007-07-14 11:11:37 · answer #6 · answered by cyanne2ak 7 · 1⤊ 0⤋
it is yet another case of something in basic terms extremely being a difficulty beacause it incredibly is fodder for criminals. If prostitution have been decriminalized and controlled, it would be extra common to get prostitues off the streets, and much less crimes linked with the corporation. I definately agree that seeing hookers everywhere makes downtown particularly seedy, yet even although porn is secure by using the 1st ammendment, one would desire to argue prostitution is secure under the 5th ammendment.
2016-10-21 07:20:05 · answer #7 · answered by wallin 4 · 0⤊ 0⤋
Yes.
2007-07-14 11:06:26 · answer #8 · answered by Anonymous · 0⤊ 2⤋
ummm...yea, I would say so...at the very least, you'll be facing a nasty lawsuit.
2007-07-14 11:19:01 · answer #9 · answered by princess_dnb 6 · 0⤊ 1⤋
OF COURSE
2007-07-14 11:08:51 · answer #10 · answered by hgsaddgh 4 · 0⤊ 2⤋