Laws on Photographing People in Pennsylvania
- Pennsylvania has strong criminal trespass laws that can be invoked to prohibit photography of people where they have a reasonable expectation of privacy. Pennsylvania Code Title 1 Section 3503; Criminal Trespass, forbids anyone from entering a private residence or business for any purpose without permission. Although the law does not specifically mention photography, a ban on photographing people on private property without permission is implied. Places such as school grounds, for example are considered private and have wide latitude to forbid cameras and photography on their grounds.
- Pennsylvania Code Title 18 Section 7507.1; Crimes and Offenses; Invasion of Privacy, forbids photographing people without their knowledge or consent when they are in a private place, even if you are not violating any other laws. An example would be someone standing on a public sidewalk and taking a photograph of a private residence by putting the camera over a fence. Do not attempt to photograph anyone if they are in a place, such as their home, where they have an expectation of privacy. This law also forbids photographing intimate parts of a person in a public place without their knowledge. Such laws are popularly know as "upskirt" photography laws.
- Photographing any person in Pennyslvania in public areas without violating trespass, privacy or harassment laws is allowed, but publishing these photographs for commercial purposes always requires a written model release. Commercial purposes includes commercial (stock) photography, advertising photography and art photography.
- In Pennsylvania, journalists and citizens have the right to photograph people in public places and publish the photographs for editorial purposes without obtaining a model release. If a journalist or citizen uses fraud, deception or unlawful means to gain access to a person or place not available to the general public, the laws of trespass or invasion of privacy can be enforced.
