Is it legal to take photos without permission?
Asked by: Maida Walker | Last update: February 4, 2026Score: 4.3/5 (45 votes)
It's generally legal to take photos of people in public spaces where there's no reasonable expectation of privacy, protected by the First Amendment, but it becomes illegal or problematic with commercial use, photography in private spaces, for voyeuristic/harassing purposes, or if it violates specific laws like "invasive photography". Private property owners can set rules against photography, and while you can take pictures of officials in public, harassment is prohibited. Using photos commercially or for defamation/publicity violations requires consent.
Can someone get in trouble for taking pictures without permission?
When you are on private property, the property owner may set rules about the taking of photographs. If you disobey the property owner's rules, they can order you off their property (and have you arrested for trespassing if you do not comply).
Can I sue someone for taking a picture of me without consent?
You can now bring a new type of federal civil lawsuit.
This lets you bring a civil action in federal court against someone who shared intimate images, explicit pictures, recorded videos, or other depictions of you without your consent (15 U.S.C. § 6851).
Can people take your photo without permission?
Yes, someone can generally take your picture without consent in public places where there's no reasonable expectation of privacy (like streets or parks), but it becomes illegal if done in private spaces (bathrooms, homes) or if the photos are used for defamation or commercial purposes (like selling products) without permission, especially if they're nude or used for harassment. Key factors are location, intent, and use of the photo.
Is it illegal to take a picture of a person without permission?
Taking photos of people without permission isn't always illegal, especially in public where there's no expectation of privacy, but it becomes illegal when done covertly in private places (bathrooms, homes) or to create explicit/intimate images, violating state laws like "invasive photography" in Texas. Consent is generally needed for publishing photos commercially or for intimate content, while privacy rights protect against capturing people in vulnerable situations, regardless of public location, making context and intent crucial.
Taking photos and recording videos in public places for personal purposes
Can someone take my photo in public?
Taking photographs in a public place
It is generally possible to take photographs in a public place without asking permission. This extends to taking photographs of buildings, sites and people.
What's it called when someone takes a picture of you without your consent?
Some photos taken or posted without consent may be an invasion of privacy. Others might more specifically violate intellectual property or revenge porn laws. Your options depend on the content of the photo and when or where it was taken.
Is it harassment if someone takes pictures of you?
That said, if the photographer is taking photos for a purpose that violates state law — to harass or stalk — that's another story. Even in public, these acts stretch beyond civil invasion of privacy and become a matter of criminal law.
Can someone just take a photo of me?
Firstly, it's legal to take photos in a public place. There is no right to privacy that forbids you taking a person's photo so long as you are standing on public property. You can even take a photo of someone in their house or backyard so long as you don't step on their private property.
Is photographing without permission an assault?
Taking nude or semi-nude videos or photographs of you without you consent is usually a criminal act if the images are taken in a place where you can reasonably expect to have privacy. For example, if someone places a hidden camera in your bathroom or bedroom and captures you, this is almost always illegal.
Can you press charges for someone taking your picture?
Yes, you can take legal action against someone who takes your picture without consent. Potential legal actions include: Filing a lawsuit for invasion of privacy. Seeking damages for emotional distress.
What is the most common thing people get sued for?
The most common things people sue for fall into categories like personal injury (especially car accidents), contract disputes, and property disputes, often stemming from negligence, failure to meet obligations, or harm caused by another's actions or faulty products, with workplace injuries, medical malpractice, and employment issues also being frequent.
Can I press charges if someone recorded me without my consent?
Yes, you may be able to sue someone for recording you without your permission, especially if the recording happened in a private setting where you had a reasonable expectation of privacy. Whether the recording was legal depends on factors like consent laws, the nature of the conversation, and how the recording is used.
Can you sue someone if they take a picture of you without permission?
Right of Publicity Laws – Many states, including California and New York, have laws preventing commercial use of someone's likeness without consent. Copyright Law – If the individual took the photo themselves, they own the copyright and can sue for infringement.
Are you allowed to take pictures of random people?
No, it's generally legal to take pictures of strangers in public spaces in the U.S. because there's no expectation of privacy on streets, parks, etc., protected by the First Amendment as free expression, but publishing or commercializing identifiable photos requires consent, and specific laws against invasive recording (like for sexual purposes) or taking photos in private areas (changing rooms, homes) still apply.
Can my neighbor take pictures of me in my backyard?
The only places that recording is illegal is somewhere you have an expectation of privacy for example IN your home, in a bathroom, a hotel room, etc. being outside there is no expectation of privacy. Someone could try to argue a backyard has an expectation of privacy however that is up for interpretation l.
Can someone take your photo without consent?
Yes, someone can generally take your picture without consent in public places where there's no reasonable expectation of privacy (like streets or parks), but it becomes illegal if done in private spaces (bathrooms, homes) or if the photos are used for defamation or commercial purposes (like selling products) without permission, especially if they're nude or used for harassment. Key factors are location, intent, and use of the photo.
Is it illegal to take a photo of someone without them knowing?
Taking photos of people without permission isn't always illegal, especially in public where there's no expectation of privacy, but it becomes illegal when done covertly in private places (bathrooms, homes) or to create explicit/intimate images, violating state laws like "invasive photography" in Texas. Consent is generally needed for publishing photos commercially or for intimate content, while privacy rights protect against capturing people in vulnerable situations, regardless of public location, making context and intent crucial.
Can you force someone to delete pictures of you?
In the United States, statutes protecting privacy and intellectual property rights can be used to make someone take down photos of you under certain circumstances. Please note that this is not an exhaustive list of legal grounds for removing photos.
What are the penalties for violating privacy laws?
Intentional violations of the California Consumer Privacy Act (CCPA) can bring civil penalties of up to $7500 for each violation in a lawsuit brought by the California Attorney General on behalf of the people of the State of California. The maximum fine for other violations is $2500 per violation.
Is it allowed to take pictures without permission?
34 of 2021 on Combating Rumors and Cybercrimes, taking or publishing photos or videos of others without permission is considered a violation of privacy. This law applies even if the photo is taken in a public place. It is illegal to photograph or record: Strangers without their consent.
Can someone post a picture of me on social media without my consent?
Publishing images of you without your consent
If you took the photo, you usually own it. But, if you didn't take the photo but you are in it, someone could breach your rights (such as data protection or privacy rights) by posting it. This can be true even if you do not own the copyright to it.
Can I report someone for taking a picture of me?
In the US? Certainly. You can report AND you can sue. Doesn't mean the police will do anything nor will the courts UNLESS the photograph was taken without your permission while you were in a location where a reasonable person would have a reasonable expectation of privacy.
What can I do if someone posts a picture of my child without permission?
If someone posts your child's picture without permission, first request removal directly, then report it to the social media platform using their specific privacy tools (like Facebook or Instagram's portals), and if that fails, document everything and consult an attorney about legal options like cease-and-desist letters, protective orders (if harassment), or even lawsuits for privacy invasion or defamation. For persistent issues, especially with family or school staff, escalate reports to school safeguarding leads and keep detailed records.
What to do if someone has pictures of you?
You can contact the person who shared the picture or video of you and ask them to remove it. Get them to give you a list of people and websites they shared the picture or video with. Get in contact with the website or social media platform.