Topic:
ELECTRONIC SURVEILLANCE; FELONIES; FINES; LAW ENFORCEMENT OFFICERS; PRIVACY LAW;
Location:
POLICE; PRIVACY;

OLR Research Report


April 10, 2006

 

2006-R-0294

VIDEO CAMERAS IN PUBLIC PLACES

By: Christopher Reinhart, Senior Attorney

You asked whether Connecticut has any laws on police use of video cameras in public places.

SUMMARY

We could not find any laws limiting or explicitly authorizing the use of video cameras by police in public places. Connecticut does have voyeurism laws that focus on the use of cameras in places where a person has a reasonable expectation of privacy.

In recent years, the legislature has considered bills on the use of video devices by police for traffic enforcement purposes (such as red light cameras and speeding cameras). These bills would set up a procedure for using the cameras and authorize issuing tickets for the traffic violations they capture. The legislature has not authorized these uses.

VOYEURISM LAWS

A person is guilty of voyeurism when he knowingly photographs, films, videotapes, or otherwise records another person's image without that person's knowledge and consent under the following circumstances. The actor must be motivated by either (1) malice or (2) an intent to satisfy or arouse his or another person's sexual desires. The filming must be of someone who is not in plain view and under the circumstances has a reasonable expectation of privacy. This is a class D felony, punishable by one to five years in prison, a fine of up to $ 5,000, or both (CGS § 53a-189a).

It is also a class D felony to disseminate one of these images when the disseminator (1) knows that it was obtained in this manner and (2) does not have the subject's permission (CGS § 53a-189b).

The crime of disorderly conduct (CGS § 53a-182) also extends to so-called “Peeping Toms” who trespass (illegally come onto property, but have no intent to harm) and observe someone inside a dwelling. It gives “dwelling” the same meaning it has in the burglary statutes (i. e. , a building usually occupied by a person lodging therein at night). The observation must occur (1) without the observed person's consent, (2) while the subject is not in plain view, and (3) under circumstances where he has a reasonable expectation of privacy. The law exempts casual or cursory observations. Disorderly conduct is a class C misdemeanor, punishable by up to three months in prison, a fine of up to $ 500, or both.

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