Upskirting is the practice of surreptitiously photographing underneath a female’s dress or skirt. Upskirting often occurs by perverts who carry small video cameras or cell phones with photo capability in escalators in public places, outdoor parks, and shopping malls. Overall, it’s a pretty reprehensible act. Unfortunately, Georgia joined Massachusetts in saying it’s okay.
As a woman, it disappoints me to see the failure on the part of the courts. As an attorney it both makes me happy that I am not a criminal attorney but on the other hand, makes me want to remedy that.
Here is the article from CBS News:
ATLANTA – A man admitted he surreptitiously took cellphone video up a woman’s skirt while she shopped at a grocery store, but a Georgia court said he didn’t break the law.
A divided Georgia Court of Appeals this month tossed out the conviction of former grocery store employee Brandon Lee Gary, who recorded videos up a woman’s skirt – known as “upskirting” – while she shopped. The 6-3 majority opinion said Gary’s behavior, while reprehensible, doesn’t violate the state’s invasion of privacy law, under which he was prosecuted.
In a ruling issued July 15, Judge Elizabeth Branch said it is “regrettable that no law currently exists which criminalizes Gary’s reprehensible conduct.”
“Unfortunately, there is a gap in Georgia’s criminal statutory scheme, in that our law does not reach all of the disturbing conduct that has been made possible by ever-advancing technology.”
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