Upskirt photos of teen ruled legal in Oregon

[Jesus Malverde]

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

It was lewd and appalling but not outlawed, 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 the photos on Jan. 3 at the store, The Oregonian newspaper reported.

His defense lawyer, Mark Lawrence, argued that he hadn’t violated 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.”

http://www.japantimes.co.jp/news/2015/02/07/world/crime-legal-world/upskirt-photos-of-teen-ruled-legal-in-oregon/

[Journeyman]

1. Let's hope State legislatures move quickly to plug this loophole. . .

[davidn3600]

6. The laws have to be written carefully and without being broad

A Texas law banning this kind of thing got ruled unconstitutional last year because it was too broadly written.
http://www.houstonchronicle.com/news/article/State-appeals-court-rules-upskirt-law-5763225.php?t=53c893b5408b7034ef

[Sherman A1]

13. Precisely

The laws need to be narrowly written to protect both the subjects of this matter, but also to protect the rights of photographers.

Cameras are everywhere and everyone with a cell phone most likely has one on them. There are a whole lot of photos being taken at any one moment and some of them at any time could be interpreted in a variety of ways.

[uppityperson]

2. Bah

[pnwmom]

3. What an ass that judge is. nt

[Nye Bevan]

5. I don't blame the judge. It is a badly written law.

I expect that the legislature will move quickly to fix this as they did in MA.

[pnwmom]

7. I do blame the judge. This is what he said:

“It’s incumbent on us as citizens to cover up whatever we don’t want filmed in public places.”

The girl was covered up.

The perp CROUCHED in a store aisle in order to take an upskirt photo. Apparently the judge thinks women should never wear dresses or skirts that aren't down to their ankles -- or it's THEIR fault if a man crouches down and films underneath.

[Princess Turandot]

8. It was the man's attorney who said that, not the judge...

“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 attorney's name is 'Mark Lawrence'. The judge said this:

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."....

(http://abcnews.go.com/Weird/wireStory/oregon-judge-upskirt-photos-teen-store-illegal-28781542)

[pnwmom]

12. You're right. But the judge agreed with his interpretation of the law, and I don't.

I don't think any reasonable person would.

[Nye Bevan]

14. When someone is an utter creep but clearly did not violate the law

that they are being prosecuted under, like it or not, that person needs to be acquitted.

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

Again, the solution is for a law to be passed to close this loophole.

[Warren DeMontague]

9. No, our legislature is too busy falling all over itself trying to figure out how to "Fix" Prop. 91

Legal Pot? Help! Save us from the will of the voters.

[BlueJazz]

4. "crouched in a store aisle and snapped photos up a 13-year-old’s skirt."

When things get too weird and wrong even for me,,,,believe me, the world is really fucked-up.

[Nay]

15. I know, right??? And they wonder why many women, from a young age, develop

contempt and dislike for boys and men. It's because they are subjected to this sort of shit all their lives.

I wonder if she would have been charged with assault if she had kicked him right in the face. Probably.

[alp227]

10. legalized rape culture nt

[smirkymonkey]

11. WTF?

And that is just disgusting. Seriously. A 61 year old man trying to take photos up the skirt of a 13 year old? I mean just WTF?! That's just sickening. He should be beaten with a large club.