Or it depend on the intention of the photog?
Shoot too many =guilty of pervesion?
Shoot a few=documention/store as proof?
Sony Alpha 700 hobbyist
Defamation – A person criminally defames another person when he or she, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning the other person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person. An imputation harms a person’s reputation if it directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his or her caste or calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
Criminal trespass – Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".
Ok, it's very very simple:
1. Upskirt: In this case, the girl is not deliberatly exposing herself (unless, of course, she looks at you and spreads her legs, etc) so if you take a picture of her then it's "Outraging the modesty of a woman".
2. Carpark: The guy and girl are exposing themselves/committing an indecent act in public. They are knowingly taking the risk that they will be seen, and knowingly exposing their privates, etc. Therefore, taking a picture of them is NOT illegal, as they are in a public place committing an offense. Technically, you're just gathering evidence of a crime. Couple is guilty, photog is not.
3. At home: Knowingly and willingly putting yourself into an indecent situation (walking around naked with the lights on and curtains wide open) is like point 2. It may be your house, but you are deliberately putting yourself into a situation where the public can see you. IF, HOWEVER you are in your shower, you can expect privacy and are not deliberately exposing yourself and therefore anyone peeping in would bea peeping tom and thus liable under law. If you have a full-length window and are obviously, WILLINGLY exposing yourself, you're at fault, not any photog; even if you're in the shower.
Of course, if a photog tries to blackmail you with the pics, the photog's gonna go to jail. But you may still be liable.
i think its a line between civil and criminal actions? o_o
indecent exposure = can be arrested under penal code as a crime
voyeurism.. invasion of privacy etc.. = civil, have to file a case
posession of nude photographs = indecent materials = "crime" - grey area though..
chezburgr i can haz?