Georgia appeals court says 'upskirting' not against the law

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Monday, July 25, 2016

ATLANTA (WPVI) -- A man admitted he surreptitiously took cellphone video up a woman's skirt while she shopped at a grocery store, but a Georgia court says he didn't break the law.

The Georgia Court of Appeals this month tossed out the conviction of former grocery store employee Brandon Lee Gary, who recorded the videos.

The majority opinion says Gary's behavior, known as "upskirting," was reprehensible but doesn't violate Georgia's invasion of privacy law because it happened in a place that's open to the public.

That law prohibits recording a person without consent "in any private place and out of public view."

A dissenting opinion says the law should be interpreted to mean that a person's covered private parts are in fact a private place.

Some lawmakers are considering a legislative fix.