Is it illegal to take photos in my windows?

[HomeGuru]

Yes, what are the complete facts.

 

[aloha43]

I'm sorry for the confusion, I said that wrong....the park owners own the land, not the mobilehome owners.

 

[HomeGuru]

I'm sorry for the confusion, I said that wrong....the park owners own the land, not the mobilehome owners.

**A: then the park owners have the duty to evict.

 

[aloha43]

But they won't. That's part of the problem here.

 

[Souix]

But they won't. That's part of the problem here.

**Ok but you stated that they had begun. So I am confused now. I think you need to talk to the management of the park and rally all your neighbors together too. Eviction in mobilehomes is not that common but it can be done. See your lease agreement for info. If you can't get the management to evict her, have you tried calling the park owner directly?**

 

[Multimom]

In Texas you could have pressed charges of disorderly conduct, disturbing the peace and for criminal mischief(the trash) issue.

Unfortunately, you don't live in Texas.

 

[JETX]

In Texas you could have pressed charges of disorderly conduct, disturbing the peace and for criminal mischief(the trash) issue.

Unfortunately, you don't live in Texas.

WOW!! What an incredibly insightful post.
And it would be even better:
1) If the issue was IN Texas, and
2) If you were correct (which you aren't).

Other than that... great post!!

 

[OnlyOneVoice]

In Texas it is possible to file charges for disorderly conduct for many behaviors.

One of which is profanity in public.

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
~ ~ (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
~ ~ (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
~ ~ (3) creates, by chemical means, a noxious and unreasonable odor in a public place;
~ ~ (4) abuses or threatens a person in a public place in an obviously offensive manner;
~ ~ (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
~ ~ (6) fights with another in a public place;
~ ~ (7) enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling;
~ ~ (8) while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room;
~ ~ (9) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
~ ~ (10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
~ ~ (11) discharges a firearm on or across a public road; or
~ ~ (12) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.
~ (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
~ (c) [amended 9/1/95] For purposes of this section:
~ ~ (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
~ ~ (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

I guess the only trick here would be proving "knowingly".

 

[OnlyOneVoice]

Also note: California Penal Code 627.i.

It states:

(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.

I think you might have a case regarding photographing you through your windows.

Also note section K.1

(k) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera , motion picture camera , or camcorder, the interior of a bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.

 

[JETX]

Only:
You got it wrong on BOTH counts.

Texas:
You missed the part "AND the language by its very utterance tends to incite an immediate breach of the peace"
We have NOTHING to indicate that this is the case.

California:
"peeks in the door or window"
The subject took pictures by leaning over a fence. That is NOT 'peeking' into a window.
"with the intent to invade the privacy of a person or persons inside"
*** We have seen nothing about the persons INTENT to invade privacy, nor were these actions done in a "bathroom, changing room, fitting room, dressing room, or tanning booth"
This statute covers the proprietors or employees who place cameras in private areas for 'thrills' and that clearly would not apply in this case.

 

[OnlyOneVoice]

.

I posted a message months ago regarding my next door neighbor yelling profanity, and giving obscene gestures EVERY time we saw her. (and even when we were inside our home. I wanted some advice on what could be done. We were told that this was freedom of speech.

It looks to me like this meets the criterion for disorderly conduct.

Almost every day we increase our video collection of her throwing garbage into our yard, slamming our kids bikes and scooters onto the ground, and "to our total shock" she takes pictures in our windows while we're home or not, day or night.

These are from the original post. I think they should pursue it further. Even if it never ends up in court, a ticket might slow this lady down.

 

[JETX]

"I think they should pursue it further."
*** And most of us agree. The point is that they cannot use the fact that they are taking pictures OF a window as being the same as taking lewd pictures THROUGH a window. Simply, they are taking pictures OF the window from what is likely several feet (or more) away.

 

[OnlyOneVoice]

Good point JETX. I guess proving intent to "invade privacy" might be questionable here.

 

[aloha43]

Let me clear something up here.

She is not taking pictures OF the window! She is taking pictures INSIDE our windows. She is taking photos of our home and US, day or night. She has admitted in her bogus restraining order paperwork that she has snapped pictures of my husband through the window, I guess trying to prove that he is looking out at her.

The problem here is.........we have the right to look out our window, especially when we hear noises (she has admitted to tresspassing and theft, but we cannot prove it), she, on the other hand. should not be looking into our home let alone taking pictures. That should be a total invasion of privacy.

And to follow up on an earlier post which stated that there would only be glare if taken from the outside is wrong. Yes, where she is standing the pictures show us on the inside of our home.

 

[JETX]

1) Put up window tint to block her view. Some of the tints available will just 'mirror' back on her.
2) Put up shades or blinds
3) Consider putting up 'solar screens'... they are great at limiting outside in... but still allow air and views out.