Taking
a celebrity’s photo could land you in jail!
You enjoy
your career as a journalist, photographer, or reporter,
and you’ll do almost anything to get the scoop.
You follow ethical rules of your profession and know when
to draw the line. But there are those who do not.
They are the Paparazzi.
Paparazzi
- Be careful how you acquire your story or photos,
or you could end up in jail, convicted of a felony
or misdemeanor! More than ever
celebrities are fighting back against invasion
of privacy, charging overly-aggressive paparazzi
with criminal trespassing, assault,
false imprisonment, stalking,
and battery.
Paparazzi
– “Celebrity hunters,” usually
not professional press nor legitimate photographers, who
use aggressive and intrusive tactics to videotape, photograph,
record, or otherwise invade the privacy of the rich and
famous and their families for purposes of financial gain
from the sale of their illegally-obtained paparazzi photos
and paparazzi video images.
California
Law – Civil
The nation’s
first civil anti-paparazzi law went into
effect in California on January 1, 1999. This protects
celebrities against physical invasion of privacy where
a trespass occurs, as well as constructive invasion of
privacy, where no trespass occurs but an audio- or video-enhancing
device is used to violate a reasonable expectation of
privacy. However, this law apparently wasn’t enough
to thwart paparazzi activities so on September 30, 2005,
California Governor Arnold Schwarzenegger signed into
law an anti-paparazzi bill to punish
Paparazzi for assaults and altercations caused by their
attempts to photograph celebrities. The new law expands
the Anti-Paparazzi Act, Section 1708.8 of the Civil Code,
tripling the damages that may be awarded to a celebrity,
and denies photographers the right to profit from images
illegally taken during intrusions.
California
Law – Criminal
Paparazzi
beware! A civil lawsuit is bad enough, but now celebrities
are bringing criminal charges against those who invade
their privacy.In California paparazzi photographers have
a First Amendment right to photograph celebrities and
other public figures in public places. However, if these
paparazzi photographers use aggressive tactics to capture
those pictures and break the law, the paparazzi photographer
could be facing criminal charges for
the following:
- Assault
- An unlawful attempt, coupled with a present ability,
to commit a violent injury on the person of another
(California Penal Code 240). An Assault
is charged as a misdemeanor.
- Assault
With a Deadly Weapon (California
Penal Code 245(a)(1))-
Assault on another person with a deadly weapon or by
means of force likely to cause great bodily harm (weapon
must not be a firearm, but can be blunt instruments
like clubs, baseball bats, rocks, cars, or even a camera).
An Assault with a Deadly Weapon or ADW can be charged
as either a misdemeanor or a felony.
Recent high profile cases of Assault with a
Deadly Weapon occurred when paparazzi used their vehicles
in a manner that put the safety of the pursued subject
in jeopardy.
- Battery
- Any willful and unlawful use of force or violence
upon the person of another (California Penal
Code 242). (Battery is both a tort and
a crime. A defendant sued for a tort is civilly liable
to the plaintiff for damages; punishment for battery
includes jail and a fine).
- Conspiracy
- An agreement or intent between two or more persons
to engage jointly in a criminal act. (Double trouble!
A person may be charged with the agreement and intent,
and then charged separately for actually committing
the illegal act.) Conspiracy occurs when two paparazzi
photographers plan a trespass to get a celebrity photo
at the celebrity’s home. The actual paparazzi
taking the photo may be caught and convicted of the
trespass and the person who assisted the paparazzi with
the photograph could also be charged and convicted for
trespass.
- False
Imprisonment - Unlawful violation
of the freedom of movement of another. False Imprisonment
is also referred to as False Arrest
and can be charged as either a misdemeanor or felony.
(Penal Code Section 236).
- Stalking
- Criminal activity consisting of credible threats,
repeated following and harassing of another person,
with intent to instill fear or injury. (California
Penal Code 646.9). Stalking may be charged
as a misdemeanor or felony
in California.
- Trespass
- An unlawful intrusion that interferes
with a person or property (e.g., stalking a celebrity’s
children while they are at school; breaking into their
home; using a telephoto lens to take photos of celebrities
while they are sunbathing at home; crashing a private
funeral and taking pictures.) A conviction for
trespassing is a misdemeanor which
can result in 6 months of jail and a $1000 fine.
Paparazzi
Defense
If you are charged
with any of the above-mentioned crimes during the course
of your work as a professional photographer, immediately
hiring an experienced Paparazzi criminal defense
attorney is critical to a successful defense.
A skilled and experienced los
angeles criminal defense attorney
involved early in the process can evaluate the strengths
and weaknesses of your case and can start to prepare your
defense. If you are under investigation for a paparazzi
crime do not attempt to talk your way out of the situation.
Talking to law enforcement without consulting an attorney
first is a mistake.
Los
Angeles Paparazzi Attorneys
We are Los Angeles criminal defense attorneys
focusing exclusively on criminal defense and we aggressively
defend those accused of criminal offenses in California.
We have over 90 years combined criminal experience and
we know how to get the best possible results for our clients.
If you are a paparazzi and being charged
with any of the above paparazzi crimes
please contact us to discuss your case.
Don’t settle for a “guilty” plea. Being
convicted of a crime in California can lead to jail,
hefty fines and a criminal record. Let
Stephen G. Rodriguez & Associates, a team of experienced
Los Angeles criminal
defense attorneys, represent
you in court. Call us now for a FREE
CONSULTATION. (Los Angeles cases only).
Law
Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071
Telephone
(213) 223-2173
E-mail:
info@lacriminaldefenseattorney.com
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