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10/12/2005 02:23:06 PM · #1 |
Police Arrest Man For Improper Photography At Octoberfest
This is for the sad but true files...and the reason why those of us who actually take pictures for the joy of photography and not because we're deviant will suffer eventually by not being allowed to do it at all. |
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10/12/2005 02:29:09 PM · #2 |
...patiently waiting to see if anyone defends this guy...
Originally posted by Douglas:
"You're committing an offense if, a) you're taking a picture of a person who hasn't given you consent to do so, and b) that picture is for the sexual gratification of any person," Douglas said |
I'd like to know how they intend on proving b
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10/12/2005 02:29:44 PM · #3 |
"You're committing an offense if, a) you're taking a picture of a person who hasn't given you consent to do so,"
Is this a texas thing? I do it around here all the time. Will stop if asked...
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10/12/2005 02:30:44 PM · #4 |
Originally posted by dahkota:
"You're committing an offense if, a) you're taking a picture of a person who hasn't given you consent to do so,"
Is this a texas thing? I do it around here all the time. Will stop if asked... |
You left out the AND at the end of that statement, which links it to Part B...which is what makes it an offense. |
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10/12/2005 02:31:09 PM · #5 |
Originally posted by dahkota:
"You're committing an offense if, a) you're taking a picture of a person who hasn't given you consent to do so,"
Is this a texas thing? I do it around here all the time. Will stop if asked... |
It's only illegal if some one masterbates to the photo???
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10/12/2005 02:31:49 PM · #6 |
For crying out loud... this is all we need.
At least they followed him for an hour before making their move. |
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10/12/2005 02:32:29 PM · #7 |
Originally posted by laurielblack:
Originally posted by dahkota:
"You're committing an offense if, a) you're taking a picture of a person who hasn't given you consent to do so,"
Is this a texas thing? I do it around here all the time. Will stop if asked... |
You left out the AND at the end of that statement, which links it to Part B...which is what makes it an offense. |
Ok - got it now - you have to do A and B to commit an offense. I feel better now. At least about Texas. :)
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10/12/2005 02:33:30 PM · #8 |
Originally posted by Southlake Police Lt. Ashleigh Douglas:
You're committing an offense if, a) you're taking a picture of a person who hasn't given you consent to do so, and b) that picture is for the sexual gratification of any person. |
I would like to see the laws this police lt. is paraphrasing here. I understand it is legal to take a picture of anything, as long as your on your own or public property when doing so.
David
/edit: man I'm slow today.
Message edited by author 2005-10-12 14:34:30.
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10/12/2005 02:33:45 PM · #9 |
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10/12/2005 02:35:26 PM · #10 |
Originally posted by louddog:
Originally posted by dahkota:
"You're committing an offense if, a) you're taking a picture of a person who hasn't given you consent to do so,"
Is this a texas thing? I do it around here all the time. Will stop if asked... |
It's only illegal if some one masterbates to the photo??? |
Only if you are planning to masturbate when you take the photo.
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10/12/2005 02:37:22 PM · #11 |
| I am absolutely confused at the surprise in this thread...have you never heard of this happening before? |
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10/12/2005 02:39:38 PM · #12 |
Originally posted by thatcloudthere:
I am absolutely confused at the surprise in this thread...have you never heard of this happening before? |
Not surprised at all... just saddened. Sorry for my obvious waste of bandwidth. |
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10/12/2005 02:39:52 PM · #13 |
This sounds like some spinoff from the "upskirt" type photos/video that some perverts try to take. Thought I read about some case here in Virginia recently (last few months) where a guy was tried, but I dont think convicted, from doing this in a department store. It was big news because there was some legal loophole that has since been addressed to stop it. Don't have time to Google it right now...
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10/12/2005 02:40:57 PM · #14 |
Originally posted by louddog:
Originally posted by dahkota:
"You're committing an offense if, a) you're taking a picture of a person who hasn't given you consent to do so,"
Is this a texas thing? I do it around here all the time. Will stop if asked... |
It's only illegal if some one masterbates to the photo??? |
LOL That's kinda what is sounds like to me |
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10/12/2005 02:41:02 PM · #15 |
Originally posted by thatcloudthere:
I am absolutely confused at the surprise in this thread...have you never heard of this happening before? |
Not at all, remember the reports of men putting mirros on the tops of their shoes so they could get a peek up a skirt. How about the guys that got busted with cameras under the women's pit toilets at campgrounds (How gross is that?)
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10/12/2005 02:41:08 PM · #16 |
I wasn't surprised once Laurie explained the A&B part. Men get arrested around here all the time shooting up women's skirts on escalators. Its like a pasttime. Maybe a sport. I no longer wear skirts to the mall... ;)
geez I can't spell. Glad - we are in the same area...Same skirt chasers. ;)
Message edited by author 2005-10-12 14:42:37.
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10/12/2005 02:42:10 PM · #17 |
Texas Penal COde
§ 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING.
(a) In this section, "promote" has the meaning
assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic
means visually records another:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person; or
(2) knowing the character and content of the
photograph or recording, promotes a photograph or visual recording
described by Subdivision (1).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
Added by Acts 2001, 77th Leg., ch. 458, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 500, § 1, eff. Sept. 1,
2003.
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10/12/2005 02:45:50 PM · #18 |
| I heard this on the news last night and was sickened by it. It says....Investigators said they found more than 12 photographs that depicted specific parts of women's and children's bodies on Vogel's camera. What would you that have young children want done to this guy if you found out he had pictures on his camera of your childs specific parts? I don't imagine specific partsmeans their noses. This has nothing to do with Texas. If other states/countries allow this to happen then somethings wrong. They followed him around and obvious saw him in action. |
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10/12/2005 02:45:57 PM · #19 |
Originally posted by laurielblack:
Originally posted by thatcloudthere:
I am absolutely confused at the surprise in this thread...have you never heard of this happening before? |
Not surprised at all... just saddened. Sorry for my obvious waste of bandwidth. |
I don't find it a waste. I also agree that its sad. You can't go out in public with your kids if you gotta worry about psychos. And, with cameras, they don't have to get close to get their jollies off. What's sad is what it does to other photographers and their rights.
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10/12/2005 02:46:50 PM · #20 |
Egads! What a mess to try and read that! I guess you can - but if this, or that... Who writes this stuff? Lawyers? ;^)
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10/12/2005 02:48:16 PM · #21 |
Originally posted by dahkota:
What's sad is what it does to other photographers and their rights. |
It doesn't do anything to our rights. It just creates unnecessary suspicion. This is why I avoid being (or trying to be) stealthy when taking street and candid photos. If it doesn't look like I'm trying to be sneaky, then people won't perceive me that way. |
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10/12/2005 02:59:41 PM · #22 |
Originally posted by dahkota:
I wasn't surprised once Laurie explained the A&B part. Men get arrested around here all the time shooting up women's skirts on escalators. Its like a pasttime. Maybe a sport. I no longer wear skirts to the mall... ;)
geez I can't spell. Glad - we are in the same area...Same skirt chasers. ;) |
Ya know....I wonder if it would make a man mend his ways if he took a photo/video up a skirt and saw 'men's parts'.... LOL....
I think the laws very from state to state too don't they? You hear of people that put cameras in their store/restaurant bathrooms to spy on women or these men that have them in their rentals and video women bathing, sleeping, intercourse with their partners etc...and the guy doesn't get in trouble....again, I think it varies from state to state...not sure though.
Message edited by author 2005-10-12 15:04:04. |
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10/12/2005 03:00:31 PM · #23 |
If these were of people milling about in a crowd, and the guy wasn't in a hole in the ground or something, exactly what "specific parts" were these women and kids showing off to be photographed? Or did the guy have an x-ray camera?
"Of a sexual nature" is a pretty vague term. What if he was photographing the proverbially "well-turned ankle" -- which would indeed be worthy of scandal ... in the Victorian Era ....
Point is, we don't know enough specifics to either defend or pillory this guy -- however, we can be concerned that there is an ever-increasing tendency for the authorities to interfere with legitimate photographers exercising their legal prerogatives to take photos in public. |
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10/12/2005 03:02:34 PM · #24 |
Originally posted by Delfeye:
Texas Penal COde
§ 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING.
(a) In this section, "promote" has the meaning
assigned by Section 43.21.
(b) A person commits an offense if the person:
- (1) photographs or by videotape or other electronic
means visually records another:
- - (A) without the other person's consent; and
- - (B) with intent to arouse or gratify the sexual desire of any person; or
- (2) knowing the character and content of the
photograph or recording, promotes a photograph or visual recording
described by Subdivision (1).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
Added by Acts 2001, 77th Leg., ch. 458, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 500, § 1, eff. Sept. 1,
2003. |
Ok, as I read this, (2) applies to what is done with the photo, perhaps by someone other than the photographer, after it is taken. (1) is all that applies here and says what the police lt. said. Pretty screwy law though -- how are they going to prove (2)(A)?
Just how much lobbying does it it take for the 'Moral Minority' (by their standards) to get subjective laws like this on the books?
David
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10/12/2005 03:05:03 PM · #25 |
"Investigators said they found more than 12 photographs that depicted specific parts of women's and children's bodies on Vogel's camera."
I'm glad I included the woman's whole body (except for one foot) in this shot.
BTW- can any of you Texans tell me which specific parts of a woman's and/or a child's body it is acceptable to display in public but is illegal to photograph?
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