Is it illegal to take a picture of a trespasser

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Is it illegal to take a picture of a trespasser

At my job I accidentally took a picture of a
trespasser who was asked repeatedly to leave
the premises she refused. They were fighting
with me and then accused me of breaking a
law. I deleted the picture and dont know if I
broke a law. At which point they were
photographing me as well. I live in New York

Asked on May 10, 2018 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it is not illegal. While you cannot use the picture for commercial purposes (e.g. to make money) or to blackmail/extort/threaten/etc. them, and you could not photograph them in a state of undress, you may otherwise photograph a person at your place of work and could, for example, provide it to upper management (who may decide to ban the person) or to the police. There is nothing illegal about taking pictures or photographs of people in businesses, in public, at stores, etc.


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