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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Can my neighbor video tape my backyard wihout consent Can

Customer Question

Can my neighbor video tape my backyard wihout consent? Can he also have audio? He has both pointing a my propery. If it is illegal, who do I talk to. I live in East Lampeter Township,PA.
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. I am a Pennsylvania licensed expert.

Generally speaking Pennsylvania is known as an "all-party" consent state. That means that all the parties to the recording must actually consent first before being tape in a surreptitious and a confidential area. Such a requirement does not extend to open spaces, or spaces where there is no traditional expectation of privacy. In other words if your neighbor is taping your front-yard, most likely that would be permitted as there is no expectation of privacy outside your door. A backyard is a different story--if you have foliage and other cover, you have a reasonable expectation privacy. You have similar privacy if your backyard is turning in and there is no road running around it. In that situation you can demand that the taping cease or you will file suit for violating your rights and for damages. You can also contact the police and request that they also file charges against the neighbor, if he fails to remove the video devices.

Good luck.
Customer: replied 3 years ago.
Is audio taping a third degree felony in PA? A friend suggested it was. What if my neighbor has the police "in his pocket" so to speak. What then? I believe this may have something to do with me being a lesbian. He harrasses us but mostly when I'm out working in my yard. The police have been no help in this. I feel watched all the time. This has been going on for over 2 years. He has lots of money and I don't want to lose my house in a court battle.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

Such taping is both a factor in permitting you to get a restraining order against him via the corut, and is also a felony of the third degree. Here is the full statute below, see Section 5704.4:

http://law.onecle.com/pennsylvania/crimes-and-offenses/00.057.004.000.html

If the police fail to help, contact the sheriff's office and have them assist, or the state police. You may want to even contact the federal district courts, plead that you are not given an equal right to be heard, and request that they review the situation.

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38794
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you!!!

Expert:  Dimitry K., Esq. replied 3 years ago.
You are most welcome, and good luck to you!

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.