According to a new Georgia court decision, "upskirt" photos by
citizens are legal as long as they are taken in a public place.
ABC 5 turned to Attorney Ian Friedman to see if local women should worry about a similar controversial ruling
here in Ohio.
"There is a statute on the books here in Ohio that would fit that
conduct squarely and that conviction would have held," Friedman explained.
He refers to Ohio’s Revised Code Section 2907.08, our voyeurism
statute, which says that no citizen may invade the privacy of another.
The statute also makes specific reference to recording "another person
under or through the clothing being worn by that other person," ruling
out the possibility of legalizing of upskirt pics in any environment.
While Attorney Friedman admits that "everything is challengable,"
he says that women in Ohio can be confident that if they are violated
by a stranger's photographs, the violator could be charged and convicted.
"If the Ohio statute were in Georgia, the man would be still convicted
Attorney Friedman also went on to explain that Georgia is not the first
state to run into similar dilemmas when it comes to privacy laws. "It's
not the first time we've seen it and this isn't the first time
there's been this sort of holding," he told ABC 5. "There
have been several other states that have run into the same problem."
The good news is that Attorney Friedman believes its rulings like Georgia's
that prompt lawmakers to take another look at their criminal statutes
and correct them to better fit today's society. "It's a funny
law. It was just not written correctly or it's outdated and now it'll
change," he said.
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