Photo of Woman in Central Park Gets Photographer Arrested Then Trip to Paris

The NY Daily News reports that Robert Kabakoff was charged with “unlawful surveillance” for taking a photo of a woman sunning herself in Central Park. Kabakoff claims he was about 15 feet from the woman when he took the photo.

A person is guilty of Section 250.45, Unlawful surveillance in the second degree when:

1. For his or her own, or another person’s amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person’s knowledge or consent; or

2. For his or her own, or another person’s sexual arousal or sexual gratification, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person`s knowledge or consent; or

3. (a) For no legitimate purpose, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a motel, hotel or inn, without such person’s knowledge or consent.

(b) For the purposes of this subdivision, when a person uses or installs, or permits the utilization or installation of an imaging device in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a hotel, motel or inn, there is a rebuttable presumption that such person did so for no legitimate purpose; or

4. Without the knowledge or consent of a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record, under the clothing being worn by such person, the sexual or other intimate parts of such person.

Under the facts of this case, Kabakoff could only potentially be liable for paragraphs 1 or 2. But the Penal Code states that: “Place and time when a person has a reasonable expectation of privacy” means a place and time when a reasonable person would believe that he or she could fully disrobe in privacy.” In this case, the woman photographed certainly had no reasonable expectation of privacy in Central Park.

Kabakoff sued and used the settlement money to go to Paris. C’est la vie!

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

Leave a Reply