Long Beach, CA asked in Sexual Harassment for California

Q: Is it legal for a store employee to take a photo of my wife’s backside?

The incident took place at a large franchise store while we were buying something. I confronted the employee and found the photo which focused on my wife. The picture was being sent to a group of “supervisors” on a group messaging app. The employee apologized and begged for forgiveness. Has this employee violated any laws?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Taking a picture of someone in a public place is legal. One exception was made when a penal code was enacted that prevented people of taking pictures up a skirt or down a blouse, essentially taking a picture of those places where the person has not made public.

Good luck to you and to your wife.

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