[texbirds] Re: Spring Migration and Paranoia
- From: David Sarkozi <david@xxxxxxxxxxx>
- To: Cameron Carver <c.o.carver@xxxxxxxxx>
- Date: Mon, 7 Apr 2014 11:21:13 -0500
Cameron,
While I agree you weren't doing anything wrong, you are setting
yourself up for suspicion of breaking two Texas laws, Disorderly
Conduct and Improper Photography.
Disorderly Conduct is the Texas law that a peeping tom falls under.
"(11) for a lewd or unlawful purpose: (A) enters on the property of
another and looks into a dwelling on the property through any window
or other opening in the dwelling;" While walking down the street you
haven't entered the property another, and even if you were looking
into bedroom windows you haven't broken the law all you need is one
person to say you were in the yard looking into the house and you'll
be screwed.
Improper Photography doesn't require that you enter the property, and
haven't we all had your optics referred to as a camera at some point?
All you need is someone to say you're taking pictures through windows
and you'll get a response.
If someone calls the police on you and uses just a little
exaggeration, you're going to get investigated, Get someone to call
you in on a quit Sunday morning you'll get 3 officers to response just
because they are bored.
I was a police dispatcher for 25 years. If I got a call of someone
walking down the street looking into yards with binoculars I would
have assumed it was a birders, but I certainly would have sent a unit,
Add in any claim that you had a camera or had entered a yard and it
gets worse.
I think the chance of getting charged with disorderly conduct is very
high when you bird a neighborhood that you don't live in, I just don't
think its worth the risk personally. Add to it the fact that Texas law
favors the person on their homestead who uses deadly forced and its
much more than the risk of a citation for disorderly conduct.
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this
section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means records,
broadcasts, or transmits a visual image of another at a location that
is not a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person;
(2) photographs or by videotape or other electronic means records,
broadcasts, or transmits a visual image of another at a location that
is a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to:
(i) invade the privacy of the other person; or
(ii) arouse or gratify the sexual desire of any person;
On Sun, Apr 6, 2014 at 2:29 PM, Cameron Carver <c.o.carver@xxxxxxxxx> wrote:
> Soon, not one. Not TWO. BUT THREE police cars arrived on the scene. They
> asked the man (still in his truck) why he was following me while another
> officer made small talk with me. Paranoid, delusional man drove off and all
> three officers chatted with me. As I explained to the faux-Zimmerman, I was
> doing nothing wrong. However, the officers encouraged me not to provoke
> people by birding neighborhoods. They also said that this man wanted and
> was fully intending to beat me up. I can understand that from their
> perspective this is a hassle. BUT I have every right to be at this location
> and I will continue to bird this location as it has great potential. I
> will, however, likely bird THAT neighborhood with a birding buddy from now
> on. Safety in numbers.
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