In Idaho, street photography is legal, but there are a few things to keep in mind.
- Surveillance law: Idaho law prohibits “peeping Toms.” This means that it is illegal to secretly observe the activities of another person in a place where they have a reasonable expectation of privacy. However, street photography is not considered to be peeping Tom activity, 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: Idaho 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 Idaho street photography laws, you should consult with an attorney.
Tips for Street Photography in Idaho
- 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 Idaho.
In addition to these general laws, there are a few specific laws that photographers should be aware of in Idaho. For example, the Idaho Code § 18-6102 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 Idaho Code § 18-6103, 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 Idaho. 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.
Additional Information
- In 2017, the Idaho Court of Appeals decided a case that clarified the law on street photography. In State v. Williams, the court ruled that it is not illegal to photograph someone in a public place without their consent, even if the photograph is taken in a way that is surreptitious or embarrassing.
- However, the court also ruled that there are some exceptions to this rule. For example, it is illegal to photograph someone if they have a reasonable expectation of privacy, such as if they are in a bathroom or changing room.
- It is also illegal to photograph someone if you are doing so for the purpose of harassing or stalking them.
Conclusion
Street photography is a great way to capture the beauty of everyday life. However, it is important to be aware of the law before you start taking pictures. By following the tips in this blog post, you can help to ensure that you are not breaking any laws and that you are respecting the privacy of others.
