Tennessee Unlawful Photography Lawyer

If you have been charged with unlawful photography in Tennessee, the attorneys at the law offices of Baker Associates will employ powerful defense tactics on your behalf.

Our experience can help you understand the complex legal issues that arise when you have been charged with unlawful photography. By investigating these issues and defenses we can often find weaknesses and inconsistencies in the government's case that help protect your legal rights. As a former prosecutor, Joseph A. Baker has the knowledge and experience necessary to properly defend those accused of unlawful photography.

What is Unlawful Photography?

Basically, unlawful photography is the violation of privacy of another by means of photography. For a person to be criminally liable, the state must prove beyond a reasonable doubt all of the the following elements:

"Photograph" under the law means more than just a still photo; it also includes videotape or live transmission of images from a cell phone or similar device.

Unlawful photography is a Class A misdemeanor; however, if the State proves that the defendant disseminated or permitted dissemination of the photograph, the penalty can be converted into a felony.

Issues and Defenses

The arrest of Johnson City resident, John Scott Conover, is a good example of what is not unlawful photography. On June 8, 2008, Mr. Conover turned his Hummer around on Highway 421 North to take a picture of two officers who had pulled over another vehicle. After taking a picture of the deputies with his cell phone, the officers pulled him over and arrested him for unlawful photography.

While Mr. Conover took the photograph knowingly, without the consent of the officers, and perhaps for his own gratification, the charge likely failed because the officers did not have a reasonable expectation of privacy on a public highway. Further, photographing a person while he is working is likely not embarrassing or offensive to a reasonable person.

While the above example demonstrates some of the hurdles the State prosecutor would have in proving a charge of unlawful photography, there is also available to the defendant the statutory defense of "effective consent." Effective consent means assent in fact, whether express or apparent, including assent by one legally authorized to act for another.

Such consent, however, is not effective if it is 1) induced by deception or coercion, 2) given by a person the defendant knows is not authorized to act as an agent, 3) given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the defendant to be unable to make reasonable decisions regarding the subject matter, 4) given solely to detect the commission of an offense.

Protecting the Rights of Our Clients

In order to strengthen your position as one of our clients, attorney Joseph A. Baker and his associates have received the most up-to-date training available. By attending numerous seminars and colleges, including the prestigious National Criminal Defense College, each attorney at the Knoxville and Sevierville, Tennessee law offices of Baker Associates will fight to see that your rights are protected in court.

If you have been accused of unlawful photography in Tennessee, contact attorney Joseph A Baker and his associates to discuss your case.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

Knoxville Criminal Defense Lawyer Disclaimer: The other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a defense attorney at our Sevierville law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.

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