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Invisibletrampis
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Oregon judge: taking photos up girl's skirt not illegal
    #21238312 - 02/07/15 07:36 AM (9 years, 3 months ago)

source.

Quote:

By Shelby Sebens

PORTLAND, Ore. (Reuters) - An Oregon judge has acquitted a 61-year-old man who admitted taking photographs up the skirt of a 13-year-old girl as she shopped at a Target store in suburban Portland, lawyers in the case said Friday.

Washington County Circuit Court Judge Eric Butterfield ruled on Thursday that Patrick Buono did not break the law when he surreptitiously took the pictures of the girl in January 2013, said his defense attorney Mark Lawrence.

"He did not deny it and he feels real bad about it too, by the way," Lawrence said.

The girl did not notice his actions, Lawrence said, but another woman in the store alerted officials and film from surveillance cameras later confirmed Buono's act.

The practice of "upskirting" has caused problems for prosecutors in other court cases where there are no laws on the books preventing people from taking unauthorized pictures up the skirts of clothed women in public places.

Prosecutors accused Buono of attempting to engage in criminal conduct and charged him with invasion of privacy and attempted encouraging child sex abuse.

Washington County Deputy District Attorney Paul Maloney said the girl, now 14 and testified against Buono in court, was shocked by the incident. He said he was disappointed by the judge's decision.

"She's a great kid," Maloney said. "She's got a great family and what she did the other day was really brave and I'm proud of her. I think she's a mature, young girl and she's doing the best she can with this."

Lawrence said he filed for an acquittal in the case because there was no Oregon law that Buono had violated.

Maloney said he thinks lawmakers could provide more clarity, "but it was clear what conduct the defendant engaged in."

(Reporting by Shelby Sebens; Editing by Daniel Wallis and Doina Chiacu)







:lolwut:

I wonder if the judge would have a different opinion if this was his daughter...

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Invisiblepsi
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: trampis]
    #21238339 - 02/07/15 07:57 AM (9 years, 3 months ago)

Sounds like the judge didn't really have a choice, if there's no law against it there then it's not like he can just make one up, no matter how much he might feel like it's a douchey thing to do.

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Invisiblelarry.fisherman
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: psi]
    #21238348 - 02/07/15 08:05 AM (9 years, 3 months ago)

Doesn't that count as possession of child pornography, especially in regard of the intent?

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OfflineMatt87
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: psi]
    #21238352 - 02/07/15 08:06 AM (9 years, 3 months ago)

Indeed. Keep the court out of things like this. Someone like myself should smash his camera and shame him. That's my style of dealing with it anyhow. Fuck the police, they and the court shouldn't have really even been involved.
Quote:

psi said:
Sounds like the judge didn't really have a choice, if there's no law against it there then it's not like he can just make one up, no matter how much he might feel like it's a douchey thing to do.




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Offlinemusiclover420
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: larry.fisherman]
    #21238433 - 02/07/15 08:48 AM (9 years, 3 months ago)

Quote:

XLCaps said:
Doesn't that count as possession of child pornography, especially in regard of the intent?




I would think so. Also seems like there would be a law from taking photos of people like that in public. What if someone were to photograph women changing clothes in a store or something? Surely that must be illegal. But it doesn't seem like much of a difference to me... How can we have laws that make it technically illegal to allow certain plants and fungi growing on your property illegal if you know what is in them, but one can get away with stuff like this? Good ol Murica



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You know how it feels, With the breeze of the sun in your eyes. Not minding that time's passing by

I've got all and more, My smile, just as before. Is all that I carry with me

I talk to myself, I need nobody else. I'm lost and I'm mine, yes I'm free


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OfflineOjom
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: musiclover420] * 2
    #21238446 - 02/07/15 08:55 AM (9 years, 3 months ago)

Big ups to the Honorable Eric Butterfield for following the law and not his own morals.

And for the rest of you all up in arms about this, since when does unknowingly having your photograph taken harm anyone? I bet more damage was done to the little girl from the incident having been reported than the pictures actually being taken because she was not even aware of it happening. Way to go nosey bitch.

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Offlinemusiclover420
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: Ojom]
    #21238455 - 02/07/15 08:58 AM (9 years, 3 months ago)

Yeah I thought about that point. I feel like in a situation like that something should still be done, but I don't see why the "victim" would have to be told about it. They could have just tried him and kept her blissfully ignorant. Seems like letting people get away with crap like that will just encourage it, or at least make people less afraid to try stuff like that. :shrug:


--------------------
Don't worry about me, I've got all that I need. And I'm singing my song to the sky

You know how it feels, With the breeze of the sun in your eyes. Not minding that time's passing by

I've got all and more, My smile, just as before. Is all that I carry with me

I talk to myself, I need nobody else. I'm lost and I'm mine, yes I'm free


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InvisiblezZZz
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: musiclover420]
    #21238460 - 02/07/15 09:00 AM (9 years, 3 months ago)

I think what the guy did was illegal because people were obviously very offended by it, and many people will also side with the family so it's not like they're are looking at it from a narrow point of view.


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InvisiblePatrickKn
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: zZZz] * 2
    #21238463 - 02/07/15 09:01 AM (9 years, 3 months ago)

Quote:

zZZz said:
I think what the guy did was illegal because people were obviously very offended by it



:loldongs:

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Invisiblepsi
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: musiclover420]
    #21238468 - 02/07/15 09:03 AM (9 years, 3 months ago)

Quote:

musiclover420 said:
Seems like letting people get away with crap like that will just encourage it, or at least make people less afraid to try stuff like that. :shrug:



Maybe it will give the people who actually do have the power to do something about it (lawmakers) more of an incentive to do so.

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Offlineqman
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: larry.fisherman]
    #21238485 - 02/07/15 09:10 AM (9 years, 3 months ago)

Quote:

XLCaps said:
Doesn't that count as possession of child pornography, especially in regard of the intent?




Pornography?  The photos are of a girl wearing cloths, that's not porn.

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Invisibletrampis
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: qman]
    #21238505 - 02/07/15 09:17 AM (9 years, 3 months ago)

We can construe this as he technically didn't do wrong because he just took a picture in a public place and the girl had clothes on, but either way this dude is a creeper. If I was the father of this girl it wouldn't matter because this asshole would be dealt with.

As for just letting the girl be blissfully ignorant I don't agree. She should be informed so that now she will be more conscientious of creepers like this guy when she is out and about.

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InvisiblePatrickKn
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: trampis]
    #21238510 - 02/07/15 09:18 AM (9 years, 3 months ago)

Quote:

trampis said:
We can construe this as he technically didn't do wrong because he just took a picture in a public place and the girl had clothes on, but either way this dude is a creeper. If I was the father of this girl it wouldn't matter because this asshole would be dealt with.

As for just letting the girl be blissfully ignorant I don't agree. She should be informed so that now she will be more conscientious of creepers like this guy when she is out and about.



No one's construing that he didn't do wrong, they are construing that he didn't break the law.

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Invisibletrampis
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: PatrickKn]
    #21238544 - 02/07/15 09:29 AM (9 years, 3 months ago)

Quote:

...since when does unknowingly having your photograph taken harm anyone?




I would argue that the above comment implies that what he did wasn't "wrong", but whatever.

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InvisiblePrisoner#1
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: zZZz]
    #21238613 - 02/07/15 09:58 AM (9 years, 3 months ago)

Quote:

zZZz said:
I think what the guy did was illegal because people were obviously very offended by it, and many people will also side with the family so it's not like they're are looking at it from a narrow point of view.





what law was actually broken, just because someone is offended doesnt make something
illegal nor does is become illegal because other take sides

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Invisiblememes
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: musiclover420]
    #21238698 - 02/07/15 10:29 AM (9 years, 3 months ago)

Quote:

musiclover420 said:
Quote:

XLCaps said:
Doesn't that count as possession of child pornography, especially in regard of the intent?




I would think so. Also seems like there would be a law from taking photos of people like that in public. What if someone were to photograph women changing clothes in a store or something? Surely that must be illegal.





If the kid was walking around the store in a bathing suit, would that be pornographic?  Because underwear sufficiently hides the same body parts as a bathing suit :shrug:

As far as the changing room thing goes; in a changing room you have a reasonable expectation of privacy.  walking around in public anyone's permitted to take your photo (including the government).












p.s. i obviously think this guy's a douchebag.  just playing devils advocate to highlight the need for anti-creeper laws

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Offlinemusiclover420
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: PatrickKn]
    #21238724 - 02/07/15 10:37 AM (9 years, 3 months ago)

Yeah you are definitely right about that, but at the same time there are better ways of teaching someone about that then after they go through it not knowing what is happening. Then have to go to court for it after finding out what happened. That just seems like a harsh way to learn that lesson but whatever :shrug:

And psi, I certainly hope it gives them incentive.

Clearly "pornogrophy" is not the right word for it but its also clear the photos were taken for erotic purposes. Erotic photos is a better phrasing. And the changing room thing was just a bad example, there probably are laws in place specifically for situations like that and bathrooms and whatever else. I just brought it up because as you said there is an expectation of privacy, just like one would expect everything under your clothes to be private in public.


--------------------
Don't worry about me, I've got all that I need. And I'm singing my song to the sky

You know how it feels, With the breeze of the sun in your eyes. Not minding that time's passing by

I've got all and more, My smile, just as before. Is all that I carry with me

I talk to myself, I need nobody else. I'm lost and I'm mine, yes I'm free


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Invisiblememes
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Re: Oregon judge: taking photos up girl's skirt not illegal [Re: musiclover420]
    #21238741 - 02/07/15 10:45 AM (9 years, 3 months ago)

Quote:

musiclover420 said:
just like one would expect everything under your clothes to be private in public.



valid, and remember: i agree with you.

but lets' say for example that a girl is sitting on a park bench, wearing a skirt.  some skeevy douchebag across the park notices it and takes an upskirt shot.  is there a reasonable expectation for that to be private?  Under her skirt was visable as a result of her natural movements (Sitting), just as walking down the street in a skirt leaves a nice view for any voyeuristic ants that happen to be walking down the sidewalk, or any creepy douchefucks who want to try and nab an upskirt shot.

so you'd have to word the legislation with something like "excessive effort to procure visual medium (pictures/video) in a situation where the photograph'd 'private parts' would not typically be viewable by a casual passerby"

but then you get into the nuances of what's "excessive effort".  is bending over and taking a camera photo excessive?  Certainly that's aimed at what this is hoping to prevent.  but what if all the perverts just happened to be walking down the sidewalk and trip over their feet, thus falling to the ground and accidentally bumping their camera into taking a picture of someones upskirt?









again, just playing devils advocate.  where's Enlil?

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