Trespassing for a photograph

[rlemert]

Seems like TPF has a bunch of law abiding citizens on it.

Yeah. Boring, isn't it.

 

[KmH]

FWIW - Is a Permit Required for Photography on Public Lands? | Photo Attorney

 

[wyogirl]

I don't even need a permit to photograph on the courthouse lawn. When I went inside to inquire about that, the Sheriff laughed and said "its Wyoming, we don't believe in that kind of thing here." Almost every bride in the county has been photographed there... its one of the only places with grass and trees.

 

[crimbfighter]

I've never arrested/charged/cited any photog for being where they were, taking photos. Nor do I know anyone who has. That doesn't mean it CAN'T happen. If you're on private proerty, and the owner of that property wants to pursue a complaint, and you were properly notified (either verbally or by signage) then you could be arrested/cited for it. In my municipality, for example, we have a form that a property owner can file with us, which states if anyone is found on their property, they will pursue charges and want them cited. That way we can enforce trespass even when the owner may not be there. Businesses are a good example of that. So, if you happened onto a property like that, you would be cited, regardless of the reason you were there, because the expectation is you are cited, because that's what the property owner wants.

Also keep in mind the statutory requirement for trespass may vary from state to state, or municipality to municipality. In Wisconsin, for example, it is not a crime to trespass unless it's to a dwelling or a medical facility. Trespass solely on someones land is only a ticket.

And it's also very much illegal in Wisconsin, and I'm assuming most states, to shoot someone solely on the basis they have trespassed on anothers land. There might be a couple states left who think it's ok to use deadly force to protect property, but most states are in the 21st century on that topic.

All in all, even though you probably would never be cited/arrested for it, you may still be confronted about it. Best, in my opinion and practice, is to do the appropriate, ethical, and safest thing, and get permission first. Or if you've inadvertently found yourself on private property, leave and go get your permission slip..

 

[HurleyPhoto]

The timing of this is funny. Our land is posted with "No Trespassing and/or Hunting" signs. My wife and I came home last night and noticed a car parked just down from our driveway. A few minutes later she(my wife) came in from out back and said ..."I think I heard voices coming from the woods". Referring to an area on our property. So for protection, I went and got a hand gun and went out side. The car was moved over to the other side of the road in front of a neighbors house but empty. So I walked just a short ways down a dirt road on our land and stopped. I see something white moving in the clearing. It, and I can now make out it is a person, starts is getting closer and then stops about 30 feet away. I guess they just noticed me standing there and on top of that holding a gun. I now hear this female start whimpering and she takes off running across the dirt road and thru some hedges, then across the road towards her car. I asked "what are you doing?". She starts screaming and keeps running towards her car as I stepped out onto the street. Cranks her car with me standing at her window then brushes me with it as she leaves. We reported it to the sheriff's department just in case she comes back and tries to say I did something. We all walked to the area I first saw her and saw nothing. I gave them the tag number and them getting the name and address back, either knew the person it was registered to or someone at that address. Guessing they've been there before. So I come to the conclusion today that she probably went into the woods to "pee" while waiting for the neighbor to get home.

Anyway wrote this because people do carry guns. We have had to call the police a couple of times for people hunting on our land and once for some teens; even after telling them a couple days before to stop; shooting their shotguns around our pond. Was told then by the sheriff's department that trespassing with a weapon was a felony in Tennessee. They gave the kids a warning and it stopped.

But to answer the question, yes I have years ago when I was young and dumb. Things were a lot different then and so much has changed. I once snuck into the Memphis International Airport to take time lapsed shots of planes landing at night. You know the drill. Open the shutter when they are a bit in the distance the fire a hand held flash as they are almost overhead. But wouldn't/couldn't do that today. First I'm too old but now after the 911 attacks. Then there were a few times I was stopped and questioned. Once I was taking pictures of this outdoor stairway at a factory. Then when I took a few shots of a hospital. Security stopped me at first and asked what I was doing. It was my wife's first and only surgery so I was doing a "scrapbook" project for her. Don't think she minded waking from anesthesia with a camera pointing at her. Also have been stopped a few times by police. But as someone has mentioned, they cant stop you from shooting. There are a few exceptions but cant erase or keep film/images.

 

[bratkinson]

Trespassing, regardless of location, is violating the law.

Granted, perhaps 99% of the people knowingly trespassing are quite harmless...such as taking a picture. But these days, one never knows what the intents of someone trespassing may be. Whether the property owner presses charges against a trespasser is up to the property owner. Just don't try trespassing in a bank after they're closed.

On the other side of the coin is trespassing that may result in injury or death. As a railroad employee, I see and hear of too many cases of trespassers...in one case, a sleeping container-train 'joyrider'/hobo that came within 3 seconds of being crushed by a loaded container being placed in a well car. The cops took him away. There's too many miles of railroads to post 'no trespassing' signs every 50 feet or so. As a result, way too many people get killed while walking down the track...or chasing their dog just last week in Los Angeles.

In short, trespass at your own risk. Note that some landowners may open fire without warning.

 

[deeky]

Charged? No. Chased off by security? 3 times (twice at one spot may have been pushing it).

I've found posted property that I wanted to shoot. It's amazing how much "trespassing" you can get away with when you contact the owner, explain what your are interested in, and respectfully ask permission. Deliver them a print of something that they have identified as particularly important to them and they will often help you get wherever you want, their property or someone else's. At least that's the way it is around here.

 

[Gavjenks]

There's a big difference between walking a few feet onto somebody's lawn for an angle of something across the street, versus, like, climbing a fence with a big no trespassing sign on it.

If I'm confident nobody is going to shoot me, and I am not going into dangerous or clearly barricaded areas, I don't usually care much about it. Otherwise, doesn't seem worth it. Contact the owner and be polite.

 

[Ihatemymoney]

I have my place posted no trespassing, its for everyone's protection.

My dogs are going to be all over anyone that comes on the property.
I don't have allot of bed side manors when it come to people (Willingly) trespassing on my property.
I will not be reasonable ..... in any way shape or form.

 

[JoeW]

I'm just curious, has anyone here ever been charged with trespassing for taking a photograph? Especially after the fact.

Particularly interested in national parks......hypothetically speaking.

I think you're mixing a couple of issues here.

1. There are plenty of places that require you to have a permit or license or insurance (or all of the above) to take photos...or take photos with a tripod...or a lens above a certain length. For instance, most serious concerts limit the ability to take pictures and you run the risk of getting tossed. Most professional sporting venues limit the size of lens that spectators can bring in to the stadium and will prohibit speed lights. Try taking a tripod up to the top of the Sears Building and they won't let you use it.

2. All the National public parks I'm aware of require photographers to have a permit for commercial photography.

3. Most State and local police departments will get a call from a local power plant or refinery if you stop to take pictures of the facility (even if you're not on private land--yes, I know personally that this happens b/c twice I've had visits from the local police department after my description and license plate were called in by plant employees).

4. Trespassing occurs whether you take a photo or not. Now, b/c of efforts to disclose industrial farming and animal treatment, there are a number of bills in a couple of states that prohibit people from taking pictures of farms and animals in those respective states or make trespassing on the land a felony. In those instances, it's the state farm lobby trying to cut down on PETA-type expose photos of how the cows are being slaughtered or the pigs raised or the puppy farm conditions.

 

[Tailgunner]

I'm just curious, has anyone here ever been charged with trespassing for taking a photograph? Especially after the fact.

Particularly interested in national parks......hypothetically speaking.

I think you're mixing a couple of issues here.

1. There are plenty of places that require you to have a permit or license or insurance (or all of the above) to take photos...or take photos with a tripod...or a lens above a certain length. For instance, most serious concerts limit the ability to take pictures and you run the risk of getting tossed. Most professional sporting venues limit the size of lens that spectators can bring in to the stadium and will prohibit speed lights. Try taking a tripod up to the top of the Sears Building and they won't let you use it.

2. All the National public parks I'm aware of require photographers to have a permit for commercial photography.

3. Most State and local police departments will get a call from a local power plant or refinery if you stop to take pictures of the facility (even if you're not on private land--yes, I know personally that this happens b/c twice I've had visits from the local police department after my description and license plate were called in by plant employees).

4. Trespassing occurs whether you take a photo or not. Now, b/c of efforts to disclose industrial farming and animal treatment, there are a number of bills in a couple of states that prohibit people from taking pictures of farms and animals in those respective states or make trespassing on the land a felony. In those instances, it's the state farm lobby trying to cut down on PETA-type expose photos of how the cows are being slaughtered or the pigs raised or the puppy farm conditions.

Agreed, especially #4 and if it involves a nuclear power plant! Military bases as well.

I was reading on another photo forum full of locals where a near by park has started requiring photographers to buy a permit in order to photograph the park. You can drive it no problems but security will come running up on you asking for a permit if they see a camera.

Edited: Here is some info on what is required when shooting in National Parks.
National Park Service

Neither a permit nor a fee is required for still photography, unless the photography

• Uses a model, set, or prop; or,
• Takes place at a location where or when members of the public are not allowed; or,
• The NPS would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts.

A photography permit will not be issued if the NPS determine that it is likely that the activity would:

• Cause resource damage; or,
• Unreasonably disrupt or conflict with the public’s use and enjoyment of the site; or,
• Pose health or safety risks to the public; or,
• Result in unacceptable impacts or impairment to National Park Service resources or values; or,
• Violate the Wilderness Act (16 USC 1131–1136) or any other applicable Federal, State, or local law or regulation.

 

[spacefuzz]

I'm just curious, has anyone here ever been charged with trespassing for taking a photograph? Especially after the fact.

Particularly interested in national parks......hypothetically speaking.

I think you're mixing a couple of issues here.

1. There are plenty of places that require you to have a permit or license or insurance (or all of the above) to take photos...or take photos with a tripod...or a lens above a certain length. For instance, most serious concerts limit the ability to take pictures and you run the risk of getting tossed. Most professional sporting venues limit the size of lens that spectators can bring in to the stadium and will prohibit speed lights. Try taking a tripod up to the top of the Sears Building and they won't let you use it.

2. All the National public parks I'm aware of require photographers to have a permit for commercial photography.

3. Most State and local police departments will get a call from a local power plant or refinery if you stop to take pictures of the facility (even if you're not on private land--yes, I know personally that this happens b/c twice I've had visits from the local police department after my description and license plate were called in by plant employees).

4. Trespassing occurs whether you take a photo or not. Now, b/c of efforts to disclose industrial farming and animal treatment, there are a number of bills in a couple of states that prohibit people from taking pictures of farms and animals in those respective states or make trespassing on the land a felony. In those instances, it's the state farm lobby trying to cut down on PETA-type expose photos of how the cows are being slaughtered or the pigs raised or the puppy farm conditions.

I am not mixing issues, people just havn't guessed the national park I'm planning a trip to yet If a rather distinctive area is closed due to safety issues and someone takes a photo......do they go after you?

 

[Tailgunner]

I'm just curious, has anyone here ever been charged with trespassing for taking a photograph? Especially after the fact.

Particularly interested in national parks......hypothetically speaking.

I think you're mixing a couple of issues here.

1. There are plenty of places that require you to have a permit or license or insurance (or all of the above) to take photos...or take photos with a tripod...or a lens above a certain length. For instance, most serious concerts limit the ability to take pictures and you run the risk of getting tossed. Most professional sporting venues limit the size of lens that spectators can bring in to the stadium and will prohibit speed lights. Try taking a tripod up to the top of the Sears Building and they won't let you use it.

2. All the National public parks I'm aware of require photographers to have a permit for commercial photography.

3. Most State and local police departments will get a call from a local power plant or refinery if you stop to take pictures of the facility (even if you're not on private land--yes, I know personally that this happens b/c twice I've had visits from the local police department after my description and license plate were called in by plant employees).

4. Trespassing occurs whether you take a photo or not. Now, b/c of efforts to disclose industrial farming and animal treatment, there are a number of bills in a couple of states that prohibit people from taking pictures of farms and animals in those respective states or make trespassing on the land a felony. In those instances, it's the state farm lobby trying to cut down on PETA-type expose photos of how the cows are being slaughtered or the pigs raised or the puppy farm conditions.

I am not mixing issues, people just havn't guessed the national park I'm planning a trip to yet If a rather distinctive area is closed due to safety issues and someone takes a photo......do they go after you?

Yellowstone or Cape Hatteras National Seashore?

 

[spacefuzz]

I think you're mixing a couple of issues here.

1. There are plenty of places that require you to have a permit or license or insurance (or all of the above) to take photos...or take photos with a tripod...or a lens above a certain length. For instance, most serious concerts limit the ability to take pictures and you run the risk of getting tossed. Most professional sporting venues limit the size of lens that spectators can bring in to the stadium and will prohibit speed lights. Try taking a tripod up to the top of the Sears Building and they won't let you use it.

2. All the National public parks I'm aware of require photographers to have a permit for commercial photography.

3. Most State and local police departments will get a call from a local power plant or refinery if you stop to take pictures of the facility (even if you're not on private land--yes, I know personally that this happens b/c twice I've had visits from the local police department after my description and license plate were called in by plant employees).

4. Trespassing occurs whether you take a photo or not. Now, b/c of efforts to disclose industrial farming and animal treatment, there are a number of bills in a couple of states that prohibit people from taking pictures of farms and animals in those respective states or make trespassing on the land a felony. In those instances, it's the state farm lobby trying to cut down on PETA-type expose photos of how the cows are being slaughtered or the pigs raised or the puppy farm conditions.

I am not mixing issues, people just havn't guessed the national park I'm planning a trip to yet If a rather distinctive area is closed due to safety issues and someone takes a photo......do they go after you?

Yellowstone or Cape Hatteras National Seashore?

I will leave it a mystery incase I decide to be naughty.

 

[412 Burgh]

Guys... c'mon just get a quadcopter. I doubt they own the air rights.. (actually I have no idea) lol