Q: Practice area question:
If you have person A who video taped person B
through an area where the curtain did not close properly and person B
was not aware of the exposure. Person A video tapes person B without
knowledge or consent as person B was in his/her alone engaged in a
private, sexual activity. Person A then takes the video and distributes
to people over the Internet, especially those who know person B. Is
this sexual harassment? Malicious stalking? Invasion of privacy?
Violation of civil rights? What type of attorney (practice area) would a
person need to stop this from continuing and seek action against person A?
A: This is a crime and you should report it to the police. Florida is a two person consent state, it is a felony for someone to record another without their consent. Further, yes, this is an invasion of privacy as it was an electronic intrusion into a person's private quarters and possibly a public disclosure of private facts which a reasonable person would find offensive.
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