Warrant: Teen recorded students' sex act in school bathroom

Yahoo! ^ | 05/09/18

[Redwood71]

It is great to hear from a person that is not throwing out insults because you disagree with my interpretation, thank you.

Video surveillance laws differ greatly from state to state. In most states, video cameras are not allowed anywhere where an individual has a reasonable expectation of complete privacy. These locations include but are not limited to:

Changing rooms
Hotel rooms
Bathrooms
Bedrooms
Any place where a person may get undressed

The Constitution does not, however, offer the right to privacy from unauthorized videotaping. States are permitted to pass their own laws pertaining to video surveillance. These law do not, however, protect individuals in public places, such as the beach. So depending on where this happened, will have a determining effect on the consideration of criminality. Unfortunately, in Georgia, their laws are directed at the act and not the location for this type of film distribution.

In Georgia, the title covering this is Georgia Code § 16-11-62 which in the below section determines it is unlawful for:

(6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed;

So, as bathrooms are identifed as a place of expectation of privacy due to private life entries in § 16-11-62, and the article didn’t determine if the filmer received clearance from the filmed, it is considered a criminal act in Georgia by the above statute alone.

Additionally the filmer violated §42-1-18 which states (b) No individual shall intentionally photograph a minor without the consent of the minor’s parent or guardian.

The other statute does not determine if the filmer is a minor or not, it’s a one size fits all crime. It is however considered a high level misdemeanor.

Misdemeanors in Georgia are punishable by:

a fine of up to $1,000
up to 12 months in county jail
both a fine and time in county jail, or
up to 12 months in a state diversion center.

There laws that cover the action in the state would be used as the only reference of it in the US Constitution is based upon illegal search and seisure, Fourth Amendment, not related.

Thanks again,
rwood