Legal Question in Civil Rights Law in New York

Photographing minors without parental consent

Neighbors are in the process of a bitter divorce. Husband was picking up his daughter (from a previous marriage) from a visit with friends. An order of protection is in place against the husband, however it had some changes to accomodate his picking up his daughter. The wife was hiding behind a bush on her property and began snapping pictures to show he was out of compliance with the court order, but as she was taking these pictures, the neighborhood children were also being photographed, as were adults who were talking. No one was aware these pictures were being taken until a flash was seen. It has been my understanding that photos of minors are not allowed to be taken unless there is written consent of a parent/guardian. If this is true, what recourse do we the parents of these children have?

Asked on 6/30/04, 12:30 am

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Photographing minors without parental consent

Huh? You are mistaken. There is no law in New York State against taking photos of any person (children included) so long as the photo is taken on public property, on the photographer's own private property, or the photo is one that can be seen with clear sight from public view onto private property (no surveillance).

What one cannot do is take photos of a person without their consent on the photo subject's own private property (absent a warrant and judicial oversight), use any picture of another person for commercial purposes with out their, or in the case of a minor their parent or legal custodian's consent (maybe this is what you're thinking about) or take any photograph that encompasses child pornography at any location, at any time, irregardless of consent.

What you describe, without further information, seems legal.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/30/04, 10:00 am

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