Q: If someone takes photos of me when I walk outside of my apartment in order to try to use them against me what can I do?
They take photos without my consent sending them to the office to try to have me fined for my dog. I’m allowed to have my dog so I’m upset that I’m being photographed at my own residence without my permission with the intent to be used against me.
A:
It is not a crime to photograph a person in this situation. The law against Invasive Visual Recordings only applies to taking photos of a person's intimate areas not subject to public view, without consent, and with intent to invade privacy.
Every element of an offense must be satisfied. This means that although the photos are taken without consent, the law does not apply to your situation because the subject of the photo is you and your dog (rather than your private parts) and the intent is to have you fined for some issue related to the dog. Also, there is no reasonable expectation of privacy related to walking a dog in a public place.
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