Can you film or photograph people without their consent in NC? Here’s what state law says
A North Carolina resident who saw “something weird” in their neighborhood recently posed a question on Reddit about when it’s OK to film or photograph someone in public.
“Living in a neighborhood and seeing some young people (possibly, but not necessarily minors) doing something weird on the street that goes through the neighborhood,” the poster wrote. “Is it legal to make a snap phone video of that and communicate that with the members of the neighborhood? What if they are minors?”
The legality of filming someone in North Carolina depends on where they are — and filming someone in the wrong place could land you in serious legal trouble.
Here’s what state law says about filming people without their permission.
Can you film people in public without their consent in NC?
The First Amendment allows North Carolina residents to film anything in public spaces where there are “no expectations of privacy,” including federal buildings, police stations, parks, sidewalks and other public areas, according to Sandman, Finn and Fitzhugh, a law firm based in Raleigh.
Can you film the police in public?
The law also permits residents to film police, but it’s illegal to interfere with law enforcement activity while recording.
Interfering with law enforcement is considered obstruction of justice, which is a misdemeanor, according to state law. Those found guilty of obstruction of justice could face up to 60 jail and a $1,000 fine.
Is it ever legal to film people without their consent in NC?
State law makes it illegal to film people in private spaces, including bedrooms, bathrooms, showers and dressing rooms.
Filming someone in a private space is a misdemeanor in North Carolina, the law says. Using the footage “for the purpose of arousing or gratifying the sexual desire” of another person is a felony in the Tarheel State, punishable by up to 10 months in prison.
Can you film people inside stores and restaurants in NC?
Though members of the public are allowed inside, stores and restaurants are considered private property, the Houston Chronicle reported.
That means business owners have the legal right to ban filming on their premises.
For example, unauthorized filming is banned in all Walmart stores, according to the company’s policy. IKEA allows photos inside its stores, but filming is not permitted, the company’s policy says.
