Delaware Street Photography Laws

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In Delaware, street photography is legal, but there are a few things to keep in mind.

  • Surveillance law: Delaware law prohibits “unlawful surveillance.” This means that it is illegal to secretly observe the activities of another person for the purpose of spying upon and invading the privacy of the person observed. However, street photography is not considered to be unlawful surveillance, as long as the photographer is not trespassing or trying to hide their presence.
  • Expectation of privacy: The law also recognizes the concept of “expectation of privacy.” This means that people have a right to privacy in certain areas, such as their homes or businesses. If a person has a reasonable expectation of privacy, then it may be illegal to photograph them without their consent. However, there is no expectation of privacy in public places, such as streets, sidewalks, and parks.
  • Photography of minors: Delaware law prohibits the intentional viewing or production of a photograph of a minor in a state of nudity or engaged in sexual conduct. This law applies even if the photograph is taken in a public place.

Disclaimer: I am not a lawyer, and this blog post is not legal advice. If you have any questions about Delaware street photography laws, you should consult with an attorney.

Tips for Street Photography in Delaware

  • Be respectful of others. If you are photographing people, be sure to ask their permission first.
  • Be aware of your surroundings. Don’t trespass or try to hide your presence.
  • Be mindful of the law. Don’t photograph people in areas where they have a reasonable expectation of privacy.
  • Have fun! Street photography is a great way to capture the beauty of everyday life in Delaware.

In addition to these general laws, there are a few specific laws that photographers should be aware of in Delaware. For example, the Delaware Code Title 11 § 1301 prohibits the use of a hidden camera to record someone in a private place without their consent. This law applies even if the person is in a public place, as long as they have a reasonable expectation of privacy.

Another law to be aware of is the Delaware Code Title 11 § 1303, which prohibits the intentional taking of a photograph of another person’s intimate parts without that person’s consent. This law applies even if the photograph is taken in a public place.

As you can see, there are a few things to keep in mind when doing street photography in Delaware. However, as long as you are respectful of others and aware of the law, you should be able to enjoy this unique and creative form of photography.

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