North Fulton County

Georgia court rules upskirt pictures are legal

By Chris Patterson
By Chris Patterson

JOHNS CREEK, Ga. — A local woman who had pictures taken up her skirt says a recent Georgia Court of Appeals ruling that legalized the behavior is "ridiculous."
 
On July 15, in a 6-3 ruling, the appeals court overturned the conviction of a Houston County man jailed for taking pictures up a woman's skirt at a grocery store. 
 
The ruling found Georgia's statute too broad and concluded "...our law does not reach all of the disturbing conduct that has been made possible by ever-advancing technology."
 
Channel 2's Mike Petchenik spoke to a Forsyth County woman who was the victim of so-called upskirting in late March as she perused the aisles of a Milton store.  Police arrested and charged a store employee, 19-year-old Antione Harris, with peeping Tom for taking the pictures.

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Wednesday, the woman who asked not to be identified, said the ruling was "ridiculous" and that she believes lawmakers should still consider it a crime.
 
Channel 2 Action News legal analyst Esther Panitch said she suspects anyone else who was charged or convicted of the crime will seek to have their cases set aside.
 
"Until the law is changed by the legislature, there can be no more prosecutions of this type of crime," she said.  "When the court said you couldn't do something like this in a private place, they weren't describing the place on the body that had to be private or public, they were describing the area the person was in."
 
Several Georgia lawmakers have already indicated they plan to close the loophole during the upcoming legislative session.
 
"I think that's disturbing, especially being the mother of two daughters," parent Alyssa Prior told Petchenik when he told her about the ruling.  "I think everyone should be entitled to their privacy, including women."

Cox Media Group

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