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

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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.

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12 comments

    • D

      It’s not that it’s legal; it’s that it’s not illegal. Some laws are messed up but in this case it’s the lack of a law that is the problem, however, this is how laws are made. I guarantee the lack of law towards what this pervert did will change and next time he wont get off so easily.

    • sheila

      Perv’s come from all nationalities and I don’t find it relevant to the issue. Why do so many people always think the race of the vic or perp is important? Is that all they think about? The man and the public know this is wrong, it is just too bad that we as members of society need to enact laws to punish people for acts that “common sense and decency” tell us is wrong. This man should have been “outed” by the media so that his neighbors, family, grandkids and friends all know what kind of scum-sucking individual he is!

  • jonathan

    100% legal and it should be. No expectation of privacy when you are in a public place. Too bad the “slower” folks cannot comprehend this.

    • 03sv1g

      I’m not “slow”, I’m just not a sick piece of shit. Public or not, see what happens if you try getting a perverted peek at my wife or kid. You’ll be lucky to survive. I consider a 13 year old girl’s skirt a “private place.”

    • D

      So let me get this straight; you believe it is OK and that you have no right to privacy under a dress or skirt while in public? So if someone pulls your pants down and a crowd of people point and laugh at you there is nothing you can do because it was in public? You are one dumb MFer. I understand no expectation of privacy when in public but one has every right to expect privacy under their clothes.

  • The World is Ending

    Right wrong or indifferent the law is clear that in public locations you don’t have a reasonable expectation of privacy, however if the young lady would have been paying attention his head would have been in the perfect spot for her to kick to the other end of the store, and she would have been with in her legal right to do so, and yes the guy would have deserved it.

  • js

    Someone needs to get busy and change the law, then. This man should be arrested, tried and if found guilty, convicted and sentenced as a pedophile. Sex offender registration for life. What a piece of filth.

  • Shell Rivera

    My friend mentioned this to me,.. the aisle might be plainly public, but up ones skirt is not. Up ones skirt is a place where one would definitely expect privacy. Especially a child. Maybe a loop Hoke they can use?