Other Talk "Otterville" plus Religion/Politics

Court: Upskirt Case Off-Target

Old 03-12-08, 02:04 PM
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Court: Upskirt Case Off-Target

Interesting case. There was a report a while back about some teacher arrested for taking not-so-innocent pics of kids at a water park. I understand the court's reasoning here, but I wouldn't really complain about these creeps being sent to prison.
Court Drops Case of 'Peeping Tom' in Target; Says Victim Was Not in Private Place

Wednesday, March 12, 2008

OKLAHOMA CITY —
A man accused of using a camera to take pictures under the skirt of an unsuspecting 16-year-old girl at a Tulsa store did not commit a crime, a state appeals court has ruled.

The state Court of Criminal Appeals voted 4-1 in favor of Riccardo Gino Ferrante, who was arrested in 2006 for situating a camera underneath the girl's skirt at a Target store and taking photographs.

Ferrante, now 34, was charged under a "Peeping Tom" statute that requires the victim to be "in a place where there is a right to a reasonable expectation of privacy." Testimony indicated he followed the girl, knelt down behind her and placed the camera under her skirt.

In January 2007, Tulsa County District Judge Tom Gillert ordered Ferrante's felony charge dismissed. That was based upon a determination that "the person photographed was not in a place where she had a reasonable expectation of privacy," according to the appellate ruling issued last week.

The District Attorney's Office had appealed Gillert's ruling to the Court of Criminal Appeals.

"We agree with the district court's analysis," stated the opinion written by Appeals Judge Charles Johnson, with Judges Charles Chapel, David Lewis and Arlene Johnson concurring.

In a dissent, Appeals Judge Gary Lumpkin wrote that "what this decision does is state to women who desire to wear dresses that there is no expectation of privacy as to what they have covered with their dress."

"In other words, it is open season for peeping Toms in public places who want to look under a woman's dress," Lumpkin wrote.

He said he found the majority's finding of no reasonable expectation of privacy "interesting and disturbing."

Assistant District Attorney Steve Kunzweiler said he will explore the possibility of getting the Legislature to change the law.

"We certainly are going to seek to amend this statute to criminalize what we consider to be outrageous conduct," he said.

Ferrante's attorney, Kevin Adams, said Tuesday that Gillert "made the right decision" and that "it is really up to the Legislature to make this against the law if they want to do so.

"I think it is a scenario where the law has not caught up with technology," Adams said.
http://www.foxnews.com/story/0,2933,337173,00.html
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Old 03-12-08, 02:15 PM
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from sea to shining sea........ gooooo USA..

no idea why a public place is no different but its stupid... the guy should have been introuble for this

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Old 03-12-08, 02:17 PM
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Yeah, raven. I remember you mentioning women wearing see-thru skirts. Certainly no expectation of privacy there.
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Old 03-12-08, 02:41 PM
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So I can only get off on kids in public? Isn't that where they tend to be anyway?
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Old 03-12-08, 02:41 PM
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Does this mean that sharking is legal in Oklahoma?
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Old 03-12-08, 03:01 PM
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So, I can't expect any privacy....in my pants!?
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Old 03-12-08, 03:15 PM
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How in the fuck is this legal? It just sounds so wrong, and how the fuck can they say that there is no exception of privacy, of your goods, just because you happen to be in public. Doesn't the fact that she was 16 make this almost kiddie porn, or some sort of corruption of minors? I bet the girl's Dad wishes he have dealt out his own punishment.
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Old 03-12-08, 03:16 PM
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Moving to deals.
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Old 03-12-08, 03:56 PM
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This bodes well for my shoe camera business!
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Old 03-12-08, 04:20 PM
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Originally Posted by Strafe
This bodes well for my shoe camera business!
322 posts in 10 years and this is what you come up with?

Speaking of this story, the following things need to be illegal by next week:

1) Taking pictures up someone's skirt
2) Taking pictures of 16-year-old girls in Target
3) Taking pictures of 16-year-old girls in Target up their skirt

And although it puts an end to El Scorcho's usual Friday night activities:

4) Following around 16-year-old girls in Target
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Old 03-12-08, 04:25 PM
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Originally Posted by dieinafire
How in the fuck is this legal? It just sounds so wrong, and how the fuck can they say that there is no exception of privacy, of your goods, just because you happen to be in public. Doesn't the fact that she was 16 make this almost kiddie porn, or some sort of corruption of minors? I bet the girl's Dad wishes he have dealt out his own punishment.
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Old 03-12-08, 04:43 PM
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happens to paris hilton every night.
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Old 03-12-08, 04:52 PM
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Originally Posted by matta
322 posts in 10 years and this is what you come up with?

Speaking of this story, the following things need to be illegal by next week:

1) Taking pictures up someone's skirt
2) Taking pictures of 16-year-old girls in Target
3) Taking pictures of 16-year-old girls in Target up their skirt

And although it puts an end to El Scorcho's usual Friday night activities:

4) Following around 16-year-old girls in Target

That's Saturday, not Friday.
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Old 03-12-08, 09:18 PM
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Don't most 16 year olds show more on their myspace pages than could be seen from an upskirt pic ???
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Old 03-12-08, 09:36 PM
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With tube tops being so popular now, it's inevitable for the armpit spycam to be created.
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Old 03-12-08, 09:37 PM
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damn still not on youtube
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Old 03-12-08, 10:02 PM
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Old 03-12-08, 11:04 PM
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16....that is creepy. I never got that whole upskirt thing.
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Old 03-12-08, 11:45 PM
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Hey, if the paprarazis can shoot Spear's, Lohan's, and Hilton's split-tail in public then it should be ok for everyone else to do it.
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Old 03-12-08, 11:58 PM
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If she was 18 it would be ok...right? RIGHT?!?!
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Old 03-13-08, 12:00 AM
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pics?

Someone has to have them, they were part of a trial...someone do a open records request
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Old 03-13-08, 01:49 AM
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Originally Posted by pedagogue
I never got that whole upskirt thing.

You do realize there's normally a Vagina hidden in there right?
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Old 03-13-08, 05:27 AM
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Originally Posted by dan30oly
pics?

Someone has to have them, they were part of a trial...someone do a open records request

Found just one for you

Spoiler:
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