Is it illegal to videotape someone having sex in a public restroom?

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Is it illegal to videotape someone having sex in a public restroom?

I’m in the military and accused of videotaping 2 people having sex in public restroom in nightclub. Most laws I read said it’s legal but need to make sure. And is it also illegal for posting it? Am I breaking any laws?

Asked on January 9, 2012 under Criminal Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In pretty much all states in this country if people are doing something in public for all to see, the people who are doing the conduct have no justifiable expectation of privacy. In your situation of you saw people in public having sexual intercourse without making any attempt to conceal themselves from the public view, then you have the ability and right to videotape what happened.

Assuming the people that you depicted on videotape are over the age of 18 and are adults and the depiction was taken in a public area where the people involved made no attempt to conceal themselves from the public, you apparently could legally post what you captured on tape. However, from a moral perspective, I would caution against doing so.


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