# Man arrested for taking picture

**URL:** <https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735>\
**Category:** Factual Questions\
**Created:** [May 19, 2014, 3:31pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735 "2014-05-19T15:31:19Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![buddha\_david](https://avatars.discourse-cdn.com/v4/letter/b/ee7513/32.png) [@buddha\_david](https://boards.straightdope.com/u/buddha_david)\
**Post date:** [May 19, 2014, 6:42pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/21 "2014-05-19T18:42:55Z")

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> [@eschereal](#):
>
> I have a friend who got into a boatload of trouble for doing exactly that. Had a membership, even. Someone else found stuff on my friend’s computer and created a fuss over it. My friend got two years probation, computer confiscated (basically ruined by the police), was prohibited from Internet, and could not own a camera-enabled phone (had to break the camera if the phone had one). As far as I know, the pictures were for personal use and did not get shared around at all.

Unless the subjects were underage, I can’t imagine how that could be a crime. :dubious: Kicked out of the gym, sure. But arrested & prosecuted? Methinks your “friend” left out a few details, there.

And I’m with others who’d appreciate a cite about how taking photos of bridges, power plants, etc. became explicitly illegal after 9/11/01.

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**Author:** ![bryanmaguire](https://avatars.discourse-cdn.com/v4/letter/b/d07c76/32.png) [@bryanmaguire](https://boards.straightdope.com/u/bryanmaguire)\
**Post date:** [May 19, 2014, 6:43pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/22 "2014-05-19T18:43:54Z")

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> [@eschereal](#):
>
> I have a friend who got into a boatload of trouble for doing exactly that. Had a membership, even. Someone else found stuff on my friend’s computer and created a fuss over it. My friend got two years probation, computer confiscated (basically ruined by the police), was prohibited from Internet, and could not own a camera-enabled phone (had to break the camera if the phone had one). As far as I know, the pictures were for personal use and did not get shared around at all.

Would you be happy if somebody took naked pictures of you for their “own use” without your knowledge? I cant understand how you can defend this.

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [May 19, 2014, 7:07pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/23 "2014-05-19T19:07:23Z")

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> [@buddha\_david](#):
>
> And I’m with others who’d appreciate a cite about how taking photos of bridges, power plants, etc. became explicitly illegal after 9/11/01.

I don’t know what the law is, or was, except that there seems to be much confusion. I can contribute this tidbit:

As of several years ago, I saw signs posted on government offices (specifically, Social Security offices) prohibiting taking pictures in or of the building. More recently, I read somewhere (most likely here on SDMB) a thread saying that such laws had been overturned. Still more recently, late last year, I visited my local Social Security office and noticed that those signs were no longer there.

My conclusion: Perhaps there really was some new development, in which such laws were either overturned or found to not exist at all, resulting in the removal of already-existing no-photo signs at government offices. FWIW.

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**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\
**Post date:** [May 19, 2014, 7:18pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/24 "2014-05-19T19:18:21Z")

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> [@Erdosain](#):
>
> Bridges, dams, power plants, I’d expect. Infrastructure that could be a terrorist target.

It’s not clear to me that there are laws against photographing infrastructure, but the [authorities do harass people about it](http://www.reddit.com/r/photography/comments/1mpzk2/us_goverment_builds_files_on_photographers/) from time to time, and they may be [keeping an eye on people who take such pictures.](http://www.npr.org/2013/09/19/223721407/aclu-posts-suspicious-activity-reports-online)

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [May 19, 2014, 7:24pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/25 "2014-05-19T19:24:28Z")

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> [@bryanmaguire](#):
>
> Would you be happy if somebody took naked pictures of you for their “own use” without your knowledge? I cant understand how you can defend this.

I am not “defending” this. My friend prettymuch got justice. Of course, had he been more circumspect, he would not have been caught and turned in. I can imagine that some of this kind of thing does go on and most of these offenders do not get caught. The area where you genuinely can have a reasonable expectation of privacy is shrinking by the day.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [May 19, 2014, 7:36pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/26 "2014-05-19T19:36:19Z")

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> [@buddha\_david](#):
>
> Unless the subjects were underage, I can’t imagine how that could be a crime. :dubious: Kicked out of the gym, sure. But arrested & prosecuted? Methinks your “friend” left out a few details, there.

You must not have a good imagination. That does not seem like an invasion of privacy? I can’t say it applies to all 50 states but it certainly does in New Jersey. Specifically [2C:14-9](http://www.samsachs.com/crimlaws/2c_14-9.php). And I can’t think of a justification why it shouldn’t be illegal.

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [May 19, 2014, 7:51pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/27 "2014-05-19T19:51:18Z")

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Hey, we’re still waiting for the OP to tell us why there should be an unlimited and inviolable First Amendment right to photograph an unwilling stranger in her bed.

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**Author:** ![Red\_Wiggler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/red_wiggler/32/13190_2.png) [@Red\_Wiggler](https://boards.straightdope.com/u/Red_Wiggler)\
**Post date:** [May 19, 2014, 7:58pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/28 "2014-05-19T19:58:58Z")

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> [@hajario](#):
>
> While we are on this subject, can someone please explain to me what his purpose was in taking that picture? I know that he was a supporter of the political opponent of the husband of the woman in the nursing home but her existence and condition were openly known facts. What purpose could taking her picture serve?

Ditto, because I can’t figure it out either. Anyone?

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [May 19, 2014, 8:17pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/29 "2014-05-19T20:17:06Z")

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> [@LinusK](#):
>
> Anyway, I’m not so much interested in burglary or trespassing, (which I doubt he did, or else they would have charged him with that) as the actual charge.

Whatever the actual charge was, if you had even skimmed the article you would have known the issue wasn’t simply photographing someone (as your OP implied).

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**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\
**Post date:** [May 19, 2014, 8:27pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/30 "2014-05-19T20:27:53Z")

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I suppose one would get arrested quick, fast and in a hurry if they took a camera near Area 51 and started snapping pictures. Just a guess on my part though.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [May 19, 2014, 8:27pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/31 "2014-05-19T20:27:54Z")

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> [@](#):
>
> Quoth **eschereal** :
> 
> I am not “defending” this. My friend prettymuch got justice. Of course, had he been more circumspect, he would not have been caught and turned in. I can imagine that some of this kind of thing does go on and most of these offenders do not get caught.

A crime where you don’t get caught is still a crime.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [May 19, 2014, 8:40pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/32 "2014-05-19T20:40:22Z")

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> [@hajario](#):
>
> While we are on this subject, can someone please explain to me what his purpose was in taking that picture? I know that he was a supporter of the political opponent of the husband of the woman in the nursing home but her existence and condition were openly known facts. What purpose could taking her picture serve?

[This article](http://www.quintonreport.com/2014/05/17/clayton-kelly-chris-mcdaniel-and-rumors-about-thad-cochran/) mentions a possible motive:

> [@](#):
>
> Of course, the unwritten thing in all of this is the fact that there has apparently been an attempt to say Cochran is having an affair with a DC aide (Kay Webber) while his wife is in the nursing home in Mississippi. Much of the coverage of this aide has centered around the fact Cochran rents a DC apartment from her. However, it’s pretty obvious that the personal allegations are just under the surface.
> 
> Earlier this week, Matthew Boyle of [Breitbart.com](http://Breitbart.com) wrote a story on the residency issues that delved into the official travel Webber made to foreign countries along with the senator. Boyle raises some good points about the foreign travel. His story dances around the rumors before delving into them a bit more in the closing lines:
> 
> > [@](#):
> >
> > Cochran is married to Rose Cochran, who resides at a retirement home in Madison, MS. According to the Madison County Journal, she suffers from severe dementia. A Dec. 18, 2002 article reported that Rose Cochran had been a resident of St. Catherine’s Village in Madison for two years.
> > 
> > When asked, Russell said any questions about a personal relationship between Cochran and Webber is “silly gossip.”

Having a photo of her current condition could elicit more sympathy for her if Cochran is having an affair.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [May 19, 2014, 9:26pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/33 "2014-05-19T21:26:55Z")

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> [@Erdosain](#):
>
> Bridges, dams, power plants, I’d expect. Infrastructure that could be a terrorist target. .

I have F.I.'d people who were acting odd while taking pictures of things like this, but there are no actual laws against taking pictures of those things. The people I had F.I.'d could have told me to pound sand. In fact, one guy did.

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**Author:** ![ZenBeam](https://avatars.discourse-cdn.com/v4/letter/z/3ab097/32.png) [@ZenBeam](https://boards.straightdope.com/u/ZenBeam)\
**Post date:** [May 19, 2014, 9:43pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/34 "2014-05-19T21:43:17Z")

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F.I.'d?

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [May 19, 2014, 10:09pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/35 "2014-05-19T22:09:38Z")

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> [@ZenBeam](#):
>
> F.I.'d?

[Field Interview](http://www.lesdirect.com/images/products/large/field_int_card-large.gif).

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [May 19, 2014, 10:10pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/36 "2014-05-19T22:10:40Z")

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> [@ZenBeam](#):
>
> F.I.'d?

nm

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**Author:** ![Declan](https://avatars.discourse-cdn.com/v4/letter/d/ecae2f/32.png) [@Declan](https://boards.straightdope.com/u/Declan)\
**Post date:** [May 19, 2014, 10:18pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/37 "2014-05-19T22:18:43Z")

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> [@Morgenstern](#):
>
> I suppose one would get arrested quick, fast and in a hurry if they took a camera near Area 51 and started snapping pictures. Just a guess on my part though.

The only way you would get arrested, is if you were on the facility proper without authorization. Any images that you might have taken would be a secondary charge. Back in the day, you could have taken pictures of the facility, or what purports to be the facility, with a long lens on a mountain that was adjacent. Now the airforce bought that land, you cant do that any more.

Not to mention that the good stuff, is probably in Alaska now.

Declan

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**Author:** ![LinusK](https://avatars.discourse-cdn.com/v4/letter/l/258eb7/32.png) [@LinusK](https://boards.straightdope.com/u/LinusK)\
**Post date:** [May 19, 2014, 10:48pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/38 "2014-05-19T22:48:49Z")

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> [@Exapno\_Mapcase](#):
>
> [Does it even matter?](http://dictionary.law.com/Default.aspx?selected=98)

No, it doesn’t matter. If he trespassed, let him be prosecuted for trespassing. If he broke in, let him be prosecuted for that. But the story says he was arrested for taking a picture. Which is what I’m asking about.

I can’t find the Mississippi law they’re talking about, the story says he was “accused of exploiting a vulnerable adult and illegally and improperly obtaining a photo of her without her consent for his own benefit.”

Most of that is gobble-gook. For example: what’s illegal is defined by the law. It might as well say “it’s illegal to do something illegal.”

And mostly pretty much everything people do is for their own benefit.

Except in this particular case. It sounds like he may have been doing it for the benefit of the guy running against the Mississippi senator.

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**Author:** ![LinusK](https://avatars.discourse-cdn.com/v4/letter/l/258eb7/32.png) [@LinusK](https://boards.straightdope.com/u/LinusK)\
**Post date:** [May 19, 2014, 10:57pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/39 "2014-05-19T22:57:50Z")

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> [@Colibri](#):
>
> [This article](http://www.quintonreport.com/2014/05/17/clayton-kelly-chris-mcdaniel-and-rumors-about-thad-cochran/) mentions a possible motive:
> 
> Having a photo of her current condition could elicit more sympathy for her if Cochran is having an affair.

“A picture is worth a thousand words.”

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**Author:** ![Isilder](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@Isilder](https://boards.straightdope.com/u/Isilder)\
**Post date:** [May 19, 2014, 10:58pm UTC](https://boards.straightdope.com/t/man-arrested-for-taking-picture/688735/40 "2014-05-19T22:58:05Z")

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Have some common sense and just give a warning and tell him to not do this , and drop the charges.

If its across a boundary it is slightly across a boundary , its the sort of boundary testing someone may do.

Also he is a self-appointed journalist, so he may use a journalists defense, ‘public interest’ and so on.

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