Published 16 December 2022 at 15.02
Law & Justice. The Supreme Court is now sentencing a father for photographing his eight-year-old daughter after a custody dispute.
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The father stopped his car outside the house where the daughter lived and took a photograph of her when she was inside by a window.
The daughter was then ten years old, and he had not been allowed to have contact with her since she was two.
The photographing took place without the daughter or her mother knowing or having consented to the photographing.
The question in the Supreme Court was whether the father would convicted of offensive photography or if the photography was justified.
The crime of offensive photography means that it is punishable to illegally and secretly photograph someone who is, among other things, indoors in a residence. The photographing is not punishable if it is justifiable in view of the purpose and other circumstances.
According to the Supreme Court, it was “in and of itself understandable” that the father wanted a photograph of the daughter, but it was still not justifiable to photograph her in the home without having obtained consent to the photography or having drawn attention to it in advance.
The father was convicted of offensive photography. The Supreme Court reduced the number of daily fines.