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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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If my roommate violates the lease with a pet and I take a picture

Resolved Question:

If my roommate violates the lease with a pet and I take a picture of her with the pet without her consent in our common area (of a shared apartment), can she have me arrested? I'm afraid she'll threaten me with this as retaliation if the pet is evicted.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 11 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

No, the only real law that I could find would be either the stalking laws or "visual surveillance with prurient intent" (which is where there's a "peeping tom" type sexual aspect, which certain would not be the case here). The main issue with photography laws is what's known as a "reasonable expectation of privacy". Public areas (even common areas of a private residence, etc... where multiple people have a right to congregate) would not lead to a "reasonable expectation of privacy". If you had entered her room without consent, photographed there, etc... that might be a different matter. But the fact that you took a picture in a place where there would NOT be a reasonable expectation of privacy would mean that there would be no crime committed.

ScottyMacEsq :

So while she CAN threaten you with this (she could threaten to send the martians to deport you to Mars if she wanted to) it would be an empty threat, as there would actually be no violation of the law.

Customer:

Okay, thank you.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11710
Experience: Licensed Texas General Practice Attorney
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