Trespassing for a photograph

[skieur]

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

Yeah. Boring, isn't it.

Even more so when they do not know their legal rights and use them.

 

[manaheim]

I once ignored a "no trespassing" sign because I was curious and I knew I wasn't going to do anything "bad", so what the hell?

Then I turned a corner and saw it was a public water facility and went "ohhhhhhhhhhhhhhhhh ****."

What followed after was ... very frightening.

My advice... pay attention to the signs.

 

[weepete]

Nah mate, I'm on those sites all the time. As long as you dont decide to walk along the top of sewage tanks you'll be fine.

As for tresspassing, thankfully it's a bit murky in my country, we have a lot of public access rights. But I've done it. I am careful to not cause any damage and it's not like lots of people have guns and I don't take photos in people's windows or that but if there is a shot and a fence I'll be over it.

 

[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.

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?

You're going to have to be much more specific. If I post a picture of a secure facility, indicating that I have clearly trespassed (b/c I couldn't have gotten a picture of say...the ACE/Delta "Kill House" at Ft. Bragg or a picture of one of the SCIFs at the CIA facility in Warrenton, you'd better believe someone will come after you. So yes, you can be arrested for taking a picture of a prohibited facility that you can access only by trespassing. But I don't think that's what you're thinking of--breaking in to a secure and classified govt. or military facility.

Yes, some people received tickets for being caught in the National Parks during the shutdown--so they got tickets for trespassing when the park was closed.

What you seem to be implying is irrelevant of any photo being taken. You seem to be asking: if you trespass and there is proof you trespassed (a photo, a video on YouTube, an interview with the media where you boast of trespassing, if you lose your wallet on-site demonstrating you were there when it was closed to the public, if you leave fingers prints at the National Archives the night the copy of the US Constitution is stolen), will you get in trouble. The Federal Govt. may indeed choose to come after you. Usually the US Park Service is too busy to deal with trespassers "after the fact." But sometimes not.

 

[JacaRanda]

As crazy as I may seem on the internet, I do enjoy my life, my health, and my freedom! In public common sense prevails most of the time.

 

[photofree]

Asking nicely can open doors and get tips to similar sites. Without a release you may retain copyright but if you publish its at your own risk. Knowing the law is OK. But nothing pisses off a cop like having the law told to him, even when its obvious he does not know it. If I need a **** for a part of something else, I might take the shot then play dumb,be sorry, and leave. Yes I have been run off a few times and even deleted some frames while the policeman watched. Since 911 a DSLR is a potential felony in large cities. Its not worth fighting, just be sorry and leave fast.

profound thinking about stuff

 

[snowbear]

I had a classmate that wanted a couple shots along a new highway construction site. She went to the office and asked if it was OK. Not only did they allow her, they actually set up a date and time and took her around the site, but pretty much giving her free reign.

 

[skieur]

There is a bit of apples and oranges here in the sense that there are differences in the law:

private property unsigned
private property signed
private property that is a public place (malls, arenas, libraries etc.)
public property

However with the exception of buildings on a list that are top secret in the US (area 51 for example), private places like washrooms, change rooms etc, there is NO law against taking photos anywhere and the photographer retains rights to their photos even if they were trespassing.

 

[bratkinson]

Man struck and killed by Amtrak train near Auburn | KING5.com Seattle

From the text of the article and other sources available, it would appear that the photographer and female subject were taking pictures on the tracks.

SPLAT!!!

End of discussion.

 

[fokker]

I have four trespass notices hidden away somewehere, though oddly none of them were photography related. I have, and will continue to, trespass on a regular basis in order to get a photo that I want. I guess that's what happens when you grow up in a country where people don't go around shooting people on a regular basis.

 

[Nervine]

I once ignored a "no trespassing" sign because I was curious and I knew I wasn't going to do anything "bad", so what the hell? Then I turned a corner and saw it was a public water facility and went "ohhhhhhhhhhhhhhhhh ****." What followed after was ... very frightening. My advice... pay attention to the signs.

There is a local water facility i really really want to walk around and shoot both sunset/sunrise and macro work. I have contemplated it but not going to happen and there are signs every 10 meters along the fences.

The only time I have knowingly trespassed was onto a military barracks/training site when I was 17 with some mates (not photography related). I can still remember the adrenaline and we only walked maybe 500 meters into the site all thick bush.

 

[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?

You're going to have to be much more specific. If I post a picture of a secure facility, indicating that I have clearly trespassed (b/c I couldn't have gotten a picture of say...the ACE/Delta "Kill House" at Ft. Bragg or a picture of one of the SCIFs at the CIA facility in Warrenton, you'd better believe someone will come after you. So yes, you can be arrested for taking a picture of a prohibited facility that you can access only by trespassing. But I don't think that's what you're thinking of--breaking in to a secure and classified govt. or military facility.

Yes, some people received tickets for being caught in the National Parks during the shutdown--so they got tickets for trespassing when the park was closed.

What you seem to be implying is irrelevant of any photo being taken. You seem to be asking: if you trespass and there is proof you trespassed (a photo, a video on YouTube, an interview with the media where you boast of trespassing, if you lose your wallet on-site demonstrating you were there when it was closed to the public, if you leave fingers prints at the National Archives the night the copy of the US Constitution is stolen), will you get in trouble. The Federal Govt. may indeed choose to come after you. Usually the US Park Service is too busy to deal with trespassers "after the fact." But sometimes not.

To my knowledge there are no classified facilities located inside a national park, so that shouldnt be an issue.

 

[rexbobcat]

In my hometown I once went into an abandoned house in an area that is almost completely abandoned (small town), and then a homeless man came in and said he wouldn't say anything if I gave him twenty bucks.

Being in a part of town with very few inhabitants with expensive camera gear and having a random dude coming in demanding money was...kind of a stressful experience. I haven't trespassed since then lol

 

[Luke345678]

Psh, trespass? Break the rules? Psh, nawwwww.

 

[Tailgunner]

In my hometown I once went into an abandoned house in an area that is almost completely abandoned (small town), and a homeless guy came into the home and then a homeless man came in and said he wouldn't say anything if I gave him twenty bucks.

Being in a part of town with very few inhabitants with expensive camera gear and having a random dude coming in demanding money was...kind of a stressful experience. I haven't trespassed since then lol

I carry a large can of pepper spray for this very reason...that and a tactical pocket knife. It's get a little nerve racking when you're crawling around levees, bridges, and downtown buildings at night.