Sounds rather extreme to me but I do not have all the facts. Was the 
photog trying to look up their skirts? That would be an invasion of 
privacy I imagine, but I am not so sure it would qualify as a felony.

"I'm not a lawyer and I don't play one on TV."

Walmart or the mall is not public, it is privately owned as I understand 
it. So they may have something to say about it. I agree that in such a 
place there is no reasonable expectation of privacy, unless you are 
trying on clothes or going to the bathroom.

joe salerno


On 2/10/2011 1:27 PM, James wrote:
> I know this is off-topic but my wife showed me this because I once
> took a photo of a Hooter's girl while we were at dinner and now I'm
> worried:
> http://www.ksdk.com/news/article/243390/147/Police-Peeping-tom-used-pen-cam-at-mall
>
> Police: Peeping tom used pen cam at mall
> 7:25 AM, Feb 10, 2011
> "Des Peres police say 51-year-old Daniel Barbatti disguised a pen-cam
> in a rolled-up magazine and pointed it at girls in shorts, trying to
> take pictures of them from behind.
>
> A Mizzou student from Kansas City was shopping at Forever 21 at the
> West County Center shopping mall with her mother and sister last
> September when she tells police Barbatti bumped in to her with the
> camera.
>
> Police say she noticed the camera sticking out of the magazine. Then,
> they say, she and her mother saw Barbatti trying to take pictures of
> other girls.
>
> The store manager called Des Peres police who eventually called
> special investigators from St. Louis County police. Barbatti is
> charged with felony invasion of privacy of multiple individuals......"
>
> I'm no legal expert but it's my understanding that if I take a photo
> of someone in a public place that it is legal. Is that not right? If
> I'm at walmart and see a cute college girl and I snap a photo with my
> phone is that felony invasion of privacy? And how am I invading their
> privacy if they're walking around in public where there is no privacy?
>
> 


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