Legality of “Upskirting” still in question in Texas

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AUSTIN, Tx. - In the eyes of the law, what some might consider “improper photography” is now legal.

The Texas Court of Criminal Appeals tossed out part of the “improper photography and visual recording” statute. Some reports make it sound like the Court has given the green light to “pervs” taking video or pictures up a woman’s dress. University of Houston law professor Peter Linzer says that’s not so. “Notice this didn’t involve what they call “upskirting” or anything like that. This was a guy taking pictures underwater, of some young girls in bathing suits and there’s nothing wrong with that” says Linzer.

This ruling was based on one specific case out of San Antonio where it was suspected a man took the pictures for sexual gratification. “The Court of Criminal Appeals struck that down because that’s getting in your mind. That’s saying that if you pick up the Bible and want to read about David and Bathsheba and you ”get off” on adultery, that’s a crime. Well we can’t make that a crime. We can’t do that because then how do we decide what’s going on inside people’s heads" Linzer explains.

The Court voted 8 to 1 that photographs and visual recordings are entitled to First Amendment protection. If you’re wondering if this opens the door to upskirting becoming legal? The Harris County D-A’s office is interpreting that as well saying, “It remains illegal if the victim did not know she or he was being photographed. Anything in public appears to be legal. In the next legislative session prosecutors from around the state will be seeking a more specific statute.”

Good because when it comes to perverts and their cameras, women prefer their privates remain - PRIVATE.

Click 2014-pd-1371-13 to read the 38-page ruling written by Presiding Judge Sharon Keller.