Voyeur didn't violate the law, judge rules - FOX 13 News

Voyeur didn't violate the law, judge rules

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TAMPA (FOX 13) -

Last October surveillance video from an Orange County Target had folks jaws on the floor.

Deputies busted a guy saying he put his cell-phone under his cart and was shooting up women's skirts.

Just the idea of it, is enough to turn most stomachs.

So how in the world did a guy in Boston walk free this week after allegedly shooting upskirt videos of women on the trains? Local defense attorney Anthony Rickman says the judge didn't screw up, the state law was the problem.

"The judge followed the four corners of the law as it was written," Rickman said.

In essence, the ruling up north said the woman was not partially nude, nor was she in a private place, so technically no law was broken.

"If what happened in Massachusetts happened in Florida it would be a crime. That person would be convicted," he said.

Rickman says Florida's video voyeurism law is similar to Massachusetts, but goes even further.

"Florida prohibits you from taking a pic of underwear or under clothes or through their clothes in any circumstance if that person doesn't know or give consent," Rickman said.

Rickman says unlike Massachusetts' law, Florida's got it right.

"You do have a reasonable expectation of privacy in your private parts in what's under a woman's skirt," he said.

"Massachusetts should follow Florida's lead," he noted.

They are, lawmakers in Boston are now racing to fix their loop-holes, passing a bill to shutdown upskirts.

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