----- Original Message -----
From: "Gonz"
Subject: Re: Today I Was Stopped by the Police While Photographing
William Robb wrote:
The reality of the situation you put forward has already been played out.
Two people arrested and charged with felonies.
Their lives may not be ruined, but they will most likely never be the
same again.
If this case or cases go to trial, it'll be interesting to see the actual
facts. I.e. what these pictures were, etc. The other thing worth
following will be how the judge, prosecuter, etc., all involved actually
interpret the statute. And how severe the punishment if found guilty. If
it is dropped, or if the guy is innocent, how it impacted his life. If
indeed it was a case of unjustified intrusion into his freedom, how
frequently does this happen?
Since the law is now on the books, the intrusion is, technically, a
warranted one, I would think.
IIRC, the fellow gave up his "evidence" willingly, though what is not in the
news report was what sort of persuasion was used to secure his cooperation.
Odds are, he felt some level of intimidation, it would be a more normal
reaction.
Not that this is germaine, other than it will certainly deter him from doing
it again.
After that, I suppose if the old boys at the prosecutors office get a woodie
from looking at the pictures of the "young girls" cleavage, or "lower
extremities" if they are leg men, then it's on for trial, according to the
plain meaning of the way that law is written.
Then the older boy judge gets to look at the pictures of the young girls
cleavage, and/or lower extremities. If he looks long enough, and hard
enough, and manages a woodie himself, then the evidence is plainly "with
intent to arouse or gratify the sexual desire".
Read section 21.15 (b)(2). The evidence may never see the light of day.
You are closer to this one, I would appreciate knowing how it goes.
If you could keep an ear to the ground, I would appreciate it.
William Robb
