WOTY -- "upskirting"

Joel S. Berson Berson at ATT.NET
Thu Mar 6 18:36:34 UTC 2014


An interesting thought.  The "undergarment clad"
aspect would be the legal/factual issue in a
Federal case.  Would "tights" be considered an
undergarment if they were being worn underneath a skirt?

I think I'll suggest to the Suffolk County
District Attorney that he refer the case to the Federal DA in Boston.

Joel

At 3/5/2014 11:20 PM, Christopher Philippo wrote:
>Does the federal Video Voyeurism Prevention Act
>of 2004 not apply? “Whoever, in the special
>maritime and territorial jurisdiction of the
>United States, has the intent to capture an
>image of a private area of an individual without
>their consent, and knowingly does so under
>circumstances in which the individual has a
>reasonable expectation of privacy, shall be
>fined under this title or imprisoned not more
>than one year, or both. [
] the term ‘a private
>area of the individual’ means the naked or
>undergarment clad genitals, pubic area,
>buttocks, or female breast of that individual
>[...] the term ‘under circumstances in which
>that individual has a reasonable expectation of
>privacy’ means [...] circumstances in which a
>reasonable person would believe that a private
>area of the individual would not be visible to
>the public, regardless of whether that person is
>in a public or private place." https://www.govtrack.us/congress/bills/108/s1301

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