Is it legal for a person to harass another by taking video without their consent, even if video taker's home?

Question

The person is blatantly taking a video of a person, that already stated did not want to be video taped (the person was a visitor for another person that lives in the home). The visitor was neither stealing or causing any problems to the person videotaping. The visitor was there to help a relative and give the relative (person that lived in the home with the video taper), a ride to safety. In other words, a person has the right to harass and mentally abuse another just because that person is in his home?

Answer 1

Every state has different laws. In New York here is the penal laws for harassment.

Section 240.25 Harassment in the first degree

A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. This section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended.

Harassment in the first degree is a class B misdemeanor.

Section 240.26 Harassment in the second degree

A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:

1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or

2. He or she follows a person in or about a public place or places; or

3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Subdivisions two and three of this section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended.

Harassment in the second degree is a violation.

Section 240.30 Aggravated harassment in the second degree.

A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:

1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or

2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or

3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or

4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.

Aggravated harassment in the second degree is a class A misdemeanor.


Section 240.31 Aggravated harassment in the first degree.

A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she:

1. Damages premises primarily used for religious purposes, or acquired pursuant to section six of the religious corporation law and maintained for purposes of religious instruction, and the damage to the premises exceeds fifty dollars; or

2. Commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30 or he has been previously convicted of the crime of aggravated harassment in the first degree within the preceding ten years.

Aggravated harassment in the first degree is a class E felony.

Answer 2

Yes,
It depends on the state, but the law is pretty much "A man's home is his or her castle."

Filming you was illegal, provided you were off of their property. Once you step one foot on their property though they can film you as much as they want, with or without your permission.

Now I don't know the details of the case, but it sounds like you were either rescuing a spouse or an elderly person from possible harm inside of that home. In that case, while the video tape might be admissible in court, the jury would be on your side.

The person inside of the house, who was filming you, has the right to harass you since you were in their house and on their property. Of course what you did on that tape will determine if it has any value in court or not.

Answer 3

I don't remember the very first video game I've ever played. Maybe it was an arcade game or something. I don't even remember how old I was. However, I do remember Spyro being the first video game franchise I've everreally got into when I was a kid. Spyro is my favorite video game franchise.

Answer 4

As long as they tell you they are taping you, there is not much you can do about it but leave their property. Legally there is no laws being broken. Same thing with taping a person on the phone as long as you tell them as soon as the conversation starts. Why do you think every service call says the same thing when you call?

Answer 5

Honestly, I think so. If they're waiting for someone, they can wait outside...it's a freedom of speech thing. It wasn't a hidden video and even those Nanny Cams are legal.

Answer 6

no, it is a violation of their privacy if it involves videotaping. I would really love to read more details on this. what does a ride to safety mean exactly? what kind of danger are we talking here?

Answer 7

No, they don't have the right to harass anyone anywhere.

Answer 8

Why would you care??
Just a video