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

UPDATED: Jan 9, 2012

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.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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