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A North Massapequa man who was secretly taking photos of an 8-year-old girl at a Seaford ice cream shop was arrested after an off-duty cop saw what was going on, police said.
Richard Stacel was allegedly taking the photos with a cell phone while on line at the Mad Topper Ice Cream store at 1220 Hicksville Road shortly after 8 p.m. Thursday. Cops said Stacel was taking the photos "in a manner that was innappropriate."
The officer, who was standing within five feet of the suspect and the young girl, saw what was happening and waited until Stacel was outside to confront him so other customers wouldn't be endangered.
The officer identified himself while the store owner called 911.
Stacel struggled with the officer and broke the phone and its memory card, police said. The suspect went to his car, but the off-duty officer stood between the driver side door to prevent Stacel from shutting it and leaving.
Stacel then allegedly reached towards the center console of the car, where a stun gun was later found. Police arrived and placed him under arrest.
Nassau County Police Deputy Inspector Kenneth Lack said that police will try to recover the photos, but wasn't sure if it would be possible. Lack also said that Stacel had been arrested for a child endangerment issue in Nassau County before.
Stacel was charged with endangering the welfare of a child and weapons possession.
You know, I don't really get it. Unless the guy was being an absolute creeper there is nothing illegal about photographing someone in public. The laws may be different for children but for adults its fair game afaik
I was in penn station a few weeks ago and a women decided to perform yoga, while waiting for a train. a man, sat in front of her, more or less, mimicing her but doing a good job keeping up with her. a few people took out thier cell phones and began video recording her. she realized she was being recorded and she said "stop! recording me without my permission is illegal!"
now, if your in a public place, making a spectacle of yourself, i think you give up all rights. correct?
I was in penn station a few weeks ago and a women decided to perform yoga, while waiting for a train. a man, sat in front of her, more or less, mimicing her but doing a good job keeping up with her. a few people took out thier cell phones and began video recording her. she realized she was being recorded and she said "stop! recording me without my permission is illegal!"
now, if your in a public place, making a spectacle of yourself, i think you give up all rights. correct?
Um no. Recording in public is legal (save for permits). You lose your reasonable expectation of privacy outside in public. This is why I find the original story weird.
People assume they don't have to be filled without consent, but I think that's more for showing to an audience.
They said the photos were lewd, which leads me to guess he was somehow taking photos up a skirt or something. Which is not legal. And if they were legit he would not have smashed his cell phone and destroyed the memory card. If the NCPD can recover what's on that card, it will be very interesting I'm sure, and date back many months to boot I'm sure.
Other than that, it's true - nothing you can do about people taking pix, even of kids, if they are just normal pics.
They said the photos were lewd, which leads me to guess he was somehow taking photos up a skirt or something. Which is not legal. And if they were legit he would not have smashed his cell phone and destroyed the memory card. If the NCPD can recover what's on that card, it will be very interesting I'm sure, and date back many months to boot I'm sure.
Other than that, it's true - nothing you can do about people taking pix, even of kids, if they are just normal pics.
Yeah I didn't really follow up on the story. That's why I prefaced my first post with "unless this guy was being an absolute creeper"
Don't know the specifics but I take pics with my cellphone of most anything I find interesting/unusual that I want to share with friends or family. Like people's cars that have idiotic bumper stickers. Or a cop car parked outside a Dunkin Donuts. Or really obese people. Or women who go out looking like hookers. I try to be discreet - from far away of course. I think it's funny. Is that a crime?
Don't know the specifics but I take pics with my cellphone of most anything I find interesting/unusual that I want to share with friends or family. Like people's cars that have idiotic bumper stickers. Or a cop car parked outside a Dunkin Donuts. Or really obese people. Or women who go out looking like hookers. I try to be discreet - from far away of course. I think it's funny. Is that a crime?
Nothing is illegal about taking pictures or videos when out in public. However, while it doesn't say exactly what this guy was doing, from the article it sounds like he was taking pictures up an 8 year old's skirt (or something along those lines), that is certainly illegal.
also, depending on how much you want to spend, almost any data can be recovered. I know people in tech who have data which fell into lakes and fires....it can be recovered.
Nothing is illegal about taking pictures or videos when out in public. However, while it doesn't say exactly what this guy was doing, from the article it sounds like he was taking pictures up an 8 year old's skirt (or something along those lines), that is certainly illegal.
A Long Island man is accused of using his cell phone to take photos of an 8-year-old girl at an ice cream parlor without her knowledge.
Quote:
Nassau police spokesman Kenneth Lack tells Newsday that Stacel was standing in "close proximity" with the girl, "and the manner in which he was taking pictures was clearly lewd." Lack would not elaborate further, but he told CBS 2, "What the officer observed, it’s safe to say that he was attempting to take lewd photographs of the 8-year-old girl right outside what we would consider normal photographs in public."
So apart from a few specific cases, the basic rule is that if you can see it and you are on public property (e.g. on the road or sidewalk) then you have the right to photograph it. National, state and local museums, art galleries, government buildings and libraries, even if perhaps technically "owned" by the public - and even if there is no barrier to entry and no entry fee - are still private property in this context and photography there may be restricted
Quote:
If you are on private property, such as in a store, shopping mall, sports arena or theater, then you need permission from the property owner to photograph.
The ice cream shop is private property. The little girl was inside the private property. The creep was inside the private property. The creep did not get authorization from the young girl (or adult with her -- assuming there was one.)
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You do not need permission from someone to take their picture if they are in public view.
Had he taken pictures of her from the parking lot outside the shop, we never would have been reading this story.
On an unrelated note -- I had worked in this shop back in HS when it was a Baskin Robbins. The east and south sides had floor to ceiling glass (back then) making the interior visible from Hicksville Rd and the parking lot.
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