'Upskirt' photos of teen snapped by 61-year-old man ruled legal

HILLSBORO, Ore. (AP) — An Oregon judge has ruled that a 61-year-old man did nothing illegal when he crouched in the aisle of a Target store and snapped photos up a 13-year-old's skirt.

Lewd and appalling, yes, but not illegal, said Washington County Judge Eric Butterfield.

"From a legal point of view, which unfortunately today is my job to enforce, he didn't do anything wrong," Judge Eric Butterfield said.

On Thursday, Butterfield acquitted Patrick Buono of invasion of privacy and attempting to encourage child pornography.

The Oregonian reports Buono didn't dispute using his cellphone to take upskirt photos on Jan. 3. According to the Oregonian, the girl didn't notice the man snapping the photos, but someone else did.

But defense attorney Mark Lawrence argued the law doesn't give people an expectation of privacy in a public place like a retail store. He also said the law specifies nude victims — she was wearing underwear. The Oregon law bans clandestine photography in bathrooms, locker rooms, dressing rooms and tanning salons that are places a person would clearly expect privacy. The aisle was plainly public, the judge says.

And, he said, child pornography charges apply when a victim is engaged in sexual conduct, which wasn't the case.