"Ore. man acquitted in ‘upskirt’ trial" The Oregonian February 07, 2015
HILLSBORO, Ore. — 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 illegal, Judge Eric Butterfield said Thursday. ‘‘From a legal point of view, which unfortunately today is my job to enforce, he didn’t do anything wrong.’’
Patrick Buono of Portland didn’t dispute using his cellphone to take such “upskirting’’ photos Jan. 3 at the store in Beaverton, The Oregonian reported.
Seriously, that is where this occurred?
But his defense lawyer, Mark Lawrence, argued Buono didn’t violate the laws against invasion of privacy and attempted encouragement of child sexual abuse. The privacy law bans clandestine photography in bathrooms and locker rooms, but the Target aisle was plainly public, Lawrence said.
The privacy law also specifies nudity, and the girl was wearing underwear, he said.
The prosecutor argued the charge still 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,’’ Deputy District Attorney Paul Maloney said.
Never mind all the data collection creeps inside the government that got a look at it.
In Massachusetts, the state last year passed a law banned people from taking surreptitious photos under skirts after the state’s highest court found the practice was not prohibited under current law.
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