Is it illegal to take a picture of a trespasser

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption