Upskirt photos of teen at store not illegal

[Jazzy]

An Oregon judge has ruled that a 61-year-old man did nothing illegal when he crouched in the aisle of a Target store and snapped photos up a 13-year-old's skirt.

It was lewd and appalling, but not outlawed, Washington County Judge Eric Butterfield said.

"From a legal point of view, which unfortunately today is my job to enforce, he didn't do anything wrong," the judge said Thursday.

Patrick Buono of Portland didn't dispute using his cellphone to take upskirt photos on Jan. 3 at the store in suburban Beaverton, The Oregonian (http://bit.ly/1zXl9hx) reported.

But his defense lawyer, Mark Lawrence, argued Buono didn't violate the laws against invasion of privacy and attempted encouraging child sexual abuse, a child pornography count.

The privacy law bans clandestine photography in bathrooms, locker rooms, dressing rooms and tanning booths, but the Target aisle was plainly public, Lawrence said.

Upskirt sightings can occur by happenstance, he said, citing a famous photo of Marilyn Monroe with her dress flying up. And that could happen to someone riding up an escalator, taking a spill or exiting a car, he said.

"These things are not only seen but video-recorded," Lawrence said. "It's incumbent on us as citizens to cover up whatever we don't want filmed in public places."

The privacy law also specifies nudity, and the girl was wearing underwear, Lawrence said.

The prosecutor conceded that the lack of nudity was a "live issue in this case," but he argued the charge applied.

"Sure, she's in a public place. But she had an expectation of privacy that a deviant isn't going to stick a camera up her skirt and capture private images of her body," Deputy District Attorney Paul Maloney said.

As for the charge related to child sex abuse, Lawrence said, the girl was not engaging in sexual conduct, which that statute specifies.

Maloney said Buono took the photos hoping they would be explicit.

Butterfield said the teenager's private parts were covered, and her conduct was not sexual.

The judge called his decision to acquit Buono "upsetting to say the least."

Thoughts on the decision to acquit Buono?

 

[+paradox]

i'd say it's harassment at least...

 

[Jazzy]

Laws really need to be updated. They were written in a time when there weren't digital cameras or cellphones everywhere that has cameras in them. Hopefully they searched the guys computers/electronic devices. You know if he was doing that in Target, he most likely has more incriminating stuff stored somewhere.

 

[seasidemike]

I agree fully with Jazzy's post

 

[Dee]

Laws really need to be updated. They were written in a time when there weren't digital cameras or cellphones everywhere that has cameras in them. Hopefully they searched the guys computers/electronic devices. You know if he was doing that in Target, he most likely has more incriminating stuff stored somewhere.

When I watched the story on the news and saw he wasn't going to be charged with anything, I just shook my head in shame. I cannot believe he's not going to be charged with anything, even with a misdemeanor. This is just disgusting on both the criminals part and the government here in Oregon.

 

[beowulf]

didnt do anything wrong?

you got to be kidding me

 

[Jazzy]

Maybe the 13 year olds dad will take care of this pervert.

 

[DrLeftover]

Something tells me if they were in, say, Indiana or someplace instead of the People's Republic of Oregon, the case may have had a different outcome.

 

[WHO IS SERAFIN]

Laws really need to be updated. They were written in a time when there weren't digital cameras or cellphones everywhere that has cameras in them. Hopefully they searched the guys computers/electronic devices. You know if he was doing that in Target, he most likely has more incriminating stuff stored somewhere.

We do not need more laws. We need good judges on the bench.

 

[Nebulous's iconNebulous]

Maybe the 13 year olds dad will take care of this pervert.

I hope so! :fighting:

 

[Flurry]

It doesn't matter if she had undies on or not. Sick freak shoulda been charged anyway.

 

[Jazzy]

It doesn't matter if she had undies on or not. Sick freak shoulda been charged anyway.

Agreed. Now they have given him carte blanche to keep doing this. He's going to eventually do it to the wrong person and get what's coming to him. A good beating would be a good start.

 

[+paradox]

if i seen a guy doing that to anyone, let alone a child, i'd confront him/her and i'd have some words that's for sure!

 

[Nebulous's iconNebulous]

if i seen a guy doing that to anyone, let alone a child, i'd confront him/her and i'd have some words that's for sure!

I would too. :fighting:

 

[Evil Eye]

Huh. Fucked up.

Apparently the lesson here is to not wear underwear so people taking upskirt pictures can actually be convicted...

 

[+paradox]

Huh. Fucked up.

Apparently the lesson here is to not wear underwear so people taking upskirt pictures can actually be convicted...

ain't that sad or what?