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Upskirt photos legal in Texas?
Topic Started: Sep 20 2014, 09:12 PM (677 Views)
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The state's highest criminal court on Wednesday tossed out part of a Texas law banning "improper photography or visual recording" - surreptitious images acquired in public for sexual gratification, often called "upskirting" or "downblousing" - as a violation of federal free-speech rights and an improper restriction on a person's right to individual thoughts.

In an 8-1 ruling, the Texas Court of Criminal Appeals said photos, like paintings, films and books, are "inherently expressive" and, therefore, are protected by the First Amendment. The opinion supported a previous decision by the San Antonio-based 4th Court of Appeals.



"The camera is essentially the photographer's pen and paintbrush," the opinion written by Presiding Judge Sharon Keller said. "A person's purposeful creation of photographs and visual recordings is entitled to the same First Amendment protection as the photographs and visual recordings themselves."

The appeal questioned why some free speech can be treated as unlawful behavior in Texas. Peter Linzer, who teaches constitutional and First Amendment law at the University of Houston Law Center, said: "It's hard to see how you could make taking a picture a crime."

The case involved Ronald Thompson, who was charged in 2011 with 26 counts of improper photography after taking underwater pictures of clothed children - most wearing swimsuits - at a San Antonio water park. He appealed the law's constitutionality before his trial. He contended that a plain reading of the law would place street photographers, entertainment journalists, arts patrons, pep rally attendees and "even the harmless eccentric" at risk of incarceration.

In its arguments, the Bexar County District Attorney's Office asserted that the law's intent element - such as trying to do something unlawful - places otherwise expressive activity beyond First Amendment protection.

The court disagreed.

"Protecting someone who appears in public from being the object of sexual thoughts seems to be the sort of 'paternalistic interest in regulating the defendant's mind' that the First Amendment was designed to guard against," Keller wrote. "We also keep in mind the Supreme Court's admonition that the forms of speech that are exempt from First Amendment protection are limited, and we should not be quick to recognize new categories of unprotected expression."

Linzer said the court rendered a sound decision.

"To think that it's unlawful to look at a little girl in a swimsuit, when you have lascivious thoughts, in public? And you did not do anything to that child? That cannot be made a crime in the United States," he said. "The fact that some people might find that very offensive doesn't change anything. ... You can't prevent someone in public from looking at you and having dark thoughts."

Linzer added that the opinion also exposes the statute as excessive. "It simply goes beyond things that can be done legally and constitutionally," he said.

An amicus brief supporting Thompson was filed by the Reporters Committee for Freedom of the Press, which argued that the state could revise the law to avoid First Amendment challenges by focusing on circumstances that are not in public.

Under the Texas Penal Code section on sexual offenses, it is a crime to electronically photograph or record a visual image of someone who is not in a bathroom or private dressing room without the other person's consent and "with intent to arouse or gratify the sexual desire of any person." The ruling does not address the constitutionality of the statute's latter part that involves the broadcast or transmission of images.

At least 151 inappropriate photography cases have been filed in Harris County during the past 13 years. Roughly 15 of those are pending.

Current and resolved cases could be affected by the criminal appeals court's ruling, according to Harris County District Attorney's Office spokesman Jeff McShan.

There is one Harris County case on appeal involving a cellphone left in a Tomball department store dressing room in 2012 that captured clandestine footage of a girl's behind. Last year, a jury convicted Tomball resident Ronnie Royston, now 40, as the person who arranged the video and he was sentenced to four years of probation.

Other recent local prosecutions include a 12-year-old Channelview girl who photographed a classmate in a middle-school locker room in 2012. The image didn't show nudity, was never posted online and was deleted minutes later. A jury convicted the pre-teen of a felony in 2013. She was placed on probation for one year.

http://www.houstonchronicle.com/news/article/State-appeals-court-rules-upskirt-law-5763225.php?cmpid=twitter-premium&t=53c893b5408b7034ef

How is this different than a peeping tom?
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Sep 20 2014, 09:12 PM

How is this different than a peeping tom?
A peeping tom peeps in on someone through a window or into their private residence.

These are people out in the public realm. If you don't want people to take pics of your heaving bosom, don't wear stuff to heave your bosom in public.

Not the same as someone peeping in your bathroom window.

Did we help explain the difference?
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Sep 20 2014, 09:34 PM
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Sep 20 2014, 09:12 PM

How is this different than a peeping tom?
A peeping tom peeps in on someone through a window or into their private residence.

These are people out in the public realm. If you don't want people to take pics of your heaving bosom, don't wear stuff to heave your bosom in public.

Not the same as someone peeping in your bathroom window.

Did we help explain the difference?
I'm talking about the camera on a stick, looking up under a womans skirt or dress.......
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As long as you're wearing this outfit, you're good to go.

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Okay, seriously, there was this:

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Under the Texas Penal Code section on sexual offenses, it is a crime to electronically photograph or record a visual image of someone who is not in a bathroom or private dressing room without the other person's consent and "with intent to arouse or gratify the sexual desire of any person."


And I'm pretty sure other states have it too. That covers your camera on a stick.
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Of course once they're in a bathroom or dressing room, it's a free for all, baby!
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Ladies, if you see this heading towards your feet, be suspicious.

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Erna
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The world of hetersosexual is a sick and boring life!
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Tybee
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Straight men in Texas must be very hard up for a peek at a woman's naughty bits if this practice is so widespread it requires a court decision on its legality.
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Indeed. Such an odd het fetish. Must be big at girls catholic schools.
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Erna
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Are the photos in 'stink-a-vision'?
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Tybee
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It certainly gives a whole new meaning to "letterbox" format. :lol
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Man used camera in shoe to take video up woman's skirt at Walmart, Sanford police say
Man charged with sex offense video voyeurism

http://www.clickorlando.com/news/man-took-video-up-womans-skirt-at-walmart-sanford-police-say/27638028

Man Arrested For Using Upskirt Camera On Woman Riding Red Line

http://chicago.cbslocal.com/2014/07/23/man-arrested-for-shooting-upskirt-video-of-woman-on-red-line/

Hidden upskirt fetish shoe cameras banned as Japanese police crack down on peeping Toms

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http://www.mirror.co.uk/news/weird-news/hidden-upskirt-fetish-shoe-cameras-3799377#ixzz3DxR8fXMf
Follow us: @DailyMirror on Twitter | DailyMirror on Facebook
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Tybee
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I've never, to my knowledge, seen someone trying to take a photo up a woman's dress, but once several years ago I was in a store and a woman was standing about 5 feet away from me looking at something on the shelf when a man walked right up next to her, pretended to be looking at merchandise and then squatted down as if to tie his shoelace. I looked straight at him, and he at me, and he as bold as brass looked right up that woman's dress. I said "what the hell do you think you're doing"? He jumped up and walked away and I told the woman what he was up to. We both rushed up to the front of the store to alert someone as the creep was rapidly leaving the store. They called the police, but I had things to do and left before they got there.

It's amazing what some perverts are willing to do to get their jollies. The world is full of weirdos and it's not just in the big cities. I thought I'd be away from that down here at the river, but these small town newspapers all have a "police blotter" every week, listing all the people arrested by the city & county police. Along with the typical DUI reports and threats of bodily harm they're usually chock-a-block with arrests for some sort of pervy activity. And its always something involving heterosexuals. The country queens down here (and trust me, there are loads of them) must either be very boring, or they know enough to keep it behind closed doors.
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To think some dude would get his jollies takin a gander up the muu muu of any female specimen at a Wal Mart gives me the shivers.

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Tybee
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I've been told the downtown public library main branch in Atlanta is a hot spot for perverts. A friend, whose daughter worked there for years, told me once that the cleaning crew spends most every night mopping up all the spent semen on the floor back in the stacks. :spew
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OT, but our downtown library men's room had a raised tile podium line up of 15 toilets, no stall dividers. Like crappers and crappees on display. The other side was a trough style urinal and a carousel style hand washing station which elderly Japanese men mistakenly used as a urinal.

I suppose it was cutting edge when designed back in the 20s but very unsettling to see now.
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Erna
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We had an idea to put a video camera on the outdoor public urinals in Amsterdam, put it online 24/7 and charge pay per view to watch it.
Alas, we lacked the technical knowledge to get it going.
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