New Jersey Trying To Pass Law Banning Photography Of Children

New Jersey legislators are trying to make it illegal to photograph children in public without parental consent, proving that they have no Constitututional common sense to be lawmakers.

The bill is an attempt to prevent pedophiles from photogaphing children, mainly stemming from an incident last year where a 63-year-old man was photographing 8-year-old girls at a pool because he found them sexy.

But it would criminalize anybody else with a camera, including journalists doing their job, who happen to take photos of children in public.

The bill would make it a third-degree crime, meaning it would come with a 3-5 year maximum sentence, according to the New York Daily News.

The 63-year-old man was charged with trespassing and disorderly conduct, which come with a six-month sentence.

But even then, the charges were dropped, even though he had a history of similar run-ins, according to the Star-Ledger.

The New Jersey ACLU and the New Jersey Press Association are protesting the proposed law. And even the bill's sponsor, republican Assemblyman David Russo, acknowledges the bill is too broad.

The Daily News ran an informal poll in their story and as of this writing, 88 percent of the respondents disagreed with the proposed law and only three percent agreed (eight percent voted that something must be done and one percent didn't know).

Comments

Among other things, it seems to me that every business with a security camera would have to disable those cameras lest they photograph children. And that doesn't even begin to cover the situations outlined in the linked articles.

Another proposal in the articles would make it illegal to photograph a child's genital area, even if he or she is clothed. But how does that cover someone who takes full-body photos and then goes home and uses Photoshop or other software to isolate the genital area?

So in New Jersey, these photos would make Henri Cartier-Bresson a criminal?

I would think so. Many classic photos of children by the masters of photography, or contemporary images in a similar style, likely would be illegal under this law.

Wow; what a horribly-written law. 1st Amendment concerns aside (and it should/would be struck down on those grounds alone), it's so vague that it'd effectively make photography in public illegal as it is. I just went through the photos I took on a recent vacation (not to New Jersey), and a good 1/3 of them contain an image of someone under the age of 18 who I'm not related to (and I suspect that the proportion would be higher if we'd not gone to a public garden and taken a lot of photos of interesting flora; those kind of skew the sample).

Yeah, I'm all for making sure that pedophiles don't have a chance to harm children... but this isn't the way to go about it.

Reminds me of another saga in New Jersey.
No, not the Sopranos, something much more sordid.

Kyeligh somebody died in a car accident and her relatives introduced Kyleigh's Law, proposing minors
(under 21!!!)would have a red tag on the car or be fined.
Of course the Governor went along with it because it involved a) minors and b) safety. To go against it would be political suicide. So it passed. One problem--
everyone (except the cops) hated the law. The teens hated it because cops were hassling them, the moms and dads hated it because pervs could stalk their teen daughters, but it was very difficult to "Undo" this law. Moral of the story--don't pass a law just because you think it's Politically Correct. It may cause a great number of problems for society in the long run.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

In Maine, they made it illegal to even look at children in public.

No, I am not kidding.

http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20080406/NEWS/8...

That's crazy. However, the article states that the bill passed in the Maine House, but did not indicate it has actually been signed into law.

You'd think it wouldn't be a lot to ask for people to do their due diligence before parroting an article from 2008.

http://www.legislature.maine.gov/legis/statutes/17-A/title17-Asec256.html

Thanks, Google.

Carlos,

Because ..................... they are not earthlinks.

Here is the actual law. This is just bizarre, but the way it is written seems to focus only on if genitals are exposed.

Title 17-A, part 2, Chapter 11: §256.

Visual sexual aggression against child
1. A person is guilty of visual sexual aggression against a child if:
A. For the purpose of arousing or gratifying sexual desire or for the purpose of causing affront or alarm, the actor, having in fact attained 18 years of age, exposes the actor's genitals to another person or causes the other person to expose that person's genitals to the actor and the other person, not the actor's spouse, has not in fact attained 14 years of age. Violation of this paragraph is a Class D crime; [2005, c. 655, §1 (AMD).]

B. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, exposes the actor's genitals to another person or causes the other person to expose that person's genitals to the actor and the other person, not the actor's spouse, has not in fact attained 12 years of age. Violation of this paragraph is a Class C crime; [2005, c. 655, §1 (AMD).]

C. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, intentionally engages in visual surveillance, aided or unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, genitals, anus or pubic area of another person , not the actor's spouse and not having in fact attained 14 years of age, under circumstances in which a reasonable person would expect to be safe from such visual surveillance. Violation of this paragraph is a Class D crime; or [2007, c. 688, §1 (AMD).]

D. For the purpose of arousing or gratifying sexual desire, the actor, having in fact attained 18 years of age, intentionally engages in visual surveillance, aided or unaided by mechanical or electronic equipment, of the uncovered breasts, buttocks, genitals, anus or pubic area of another person , not the actor's spouse and not having in fact attained 12 years of age, under circumstances in which a reasonable person would expect to be safe from such visual surveillance. Violation of this paragraph is a Class C crime. [2007, c. 688, §1 (AMD).]

If you're going to scrape Balko's links like that, at least pay attention to his updates.

http://www.theagitator.com/2011/05/09/on-maines-visual-sexual-aggression...

All I can say is it's about time we get proactive about child predators.

Yes, start arresting people *before* they are guilty

proactive? sure.
but not so proactive that we draft legislation that is likely to be used to criminalize normal people carrying on normal, legal activities.

Yeah !

TSA pats down baby.

http://www.kansascity.com/2011/05/10/2865800/photo-of-pat-down-of-baby-a...

They get paid for groping and photographing children.

Calm down folks, I don't think it's THAT badly written. Cut it short a bit...

'For the purpose of arousing or gratifying sexual desire...'

OK, so the prosecution have to PROVE a particular purpose beyond reasonably doubt; that's a damn high bar to cross.

'..uncovered breasts, buttocks, genitals, anus or pubic area..'

OK, so it's only concerning complete or partial nudity, parts of the body that would normally remain covered.

'... circumstances in which a reasonable person would expect to be safe from such visual surveillance...'

In other words, places where you have a reasonable expectation of privacy - changing rooms, locker rooms, public restrooms etc. It wouldn't affect any clothed photographs of children, and it wouldn't affect nude photographs of children in public - your average bare-assed baby photos on the beach would be fine, since no-one can expect privacy there.

Translation - it allows prosecution of proven perverts who try to look at OR take photos of kids private parts while they're getting changed, nude in their homes, or using public restrooms. It doesn't allow prosecution of anyone else.

I don't think it's too bad, as a first approximation to a law. My only surprise is that this wasn't already illegal under some other statute! It seems an attempt has been made to draw it as closely as possible, required for first amendment strict scrutiny.

They *might* have a harder time justifying it on 'harm' grounds; I sure as hell wouldn't be pleased if some perv was photographing MY kids private parts in a place where they should have expected privacy; in fact I'd probably do some damage to the perv. But I'd have a rather sticky time describing exactly what articulable *harm* had been done by the photography...

Mike

My guess is it was probably already illegal to do it and this law is just making it worse for those that do it to people under 14 and under 12.

You think this is bad? A council in the UK banned parents from playing with their kids because they hadn't undergone criminal checks. This is old news, but it is still abhorrent.

http://colinseymour.co.uk/council-bans-parents-from-playing-with-their-kids

http://www.parentdish.co.uk/2010/07/08/school-sports-day-ban-dad-crimina...

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