Creepshot Photos Are Now Legal In Texas
Posted by Michelle Moquin on September 23rd, 2014
Good morning!
Just when you thought Texas couldn’t get any worse with their laws against women, this is what just got passed. Brace yourselves, this is one sick piece of legislation.
This is a state that makes it illegal for a woman to decide what she does under her skirt with her body, but finds it unconstitutional to make it illegal to decide what a male can do under her skirt, without her permission.
‘Creepshot’ Photos Are Now Legal In Texas
A Texas state law prohibiting people from taking photographs “with the intent to arouse or gratify the sexual desire of any person” if the person being photographed does not consent is unconstitutional, according to the state’s highest criminal court. Under this decision, so-called “creepshot” photos, where men often take photos of unconsenting women that they encounter on the street, are legal in Texas.
The facts of this particular case are far more disturbing than a more ordinary case where a man spots an adult woman that he finds attractive and then snaps a picture of her. According to the Houston Chronicle, a man named Ronald Thompson was charged with “26 counts of improper photography after taking underwater pictures of clothed children – most wearing swimsuits – at a San Antonio water park.”
Yet, as the Texas Court of Criminal Appeals explains in its opinion, the mere fact that this law applies to cases that are disturbing — or even the fact that it criminalizes some activity that is not protected by the First Amendment — is not sufficient to save the law from a constitutional challenge. “The statutory provision at issue is extremely broad, applying to any non-consensual photograph, occurring anywhere, as long as the actor has an intent to arouse or gratify sexual desire. This statute could easily be applied to an entertainment reporter who takes a photograph of an attractive celebrity on a public street.”
A major thrust of the court’s reasoning is that, when a person produces photos that would otherwise be protected by the First Amendment, the fact that they are motivated by sexual desire (or nearly any other particular motivation) cannot make an otherwise constitutionally protected act illegal. “[W]hen the intent is something that, if accomplished, would constitute protected expression,” Presiding Judge Sharon Keller wrote for the court, “such an intent cannot remove from the ambit of the First Amendment conduct that is otherwise protected expression.”
The court did suggest that a more narrowly drawn law would survive constitutional scrutiny — “substantial privacy interests are invaded in an intolerable manner when a person is photographed without consent in a private place, such as the home, or with respect to an area of the person that is not exposed to the general public, such as up a skirt.” Thus, if the Texas legislature responds to this decision with a more narrowly tailored ban on “upskirt” photography, for example, it is likely that this law would be upheld.
In this sense, the Texas court’s decision resembles another decision last March by a Massachusetts court holding that the state’s “Peeping Tom” laws did not extend to non-consensual photographs up a woman’s skirt or dress. The Massachusetts legislature responded to that court decision in just 36 hours, passing a law that specifically bans upskirt photos.
Texas’s legislature can now take similar action to ensure that women in that state will not be the victims of predatory photographers.
*****
Readers: Well?
Lill Of Guam: That is disturbing. If you think you’ve got an obesity problem in Guam now, it will only get worse with Jack in the Box and McDonalds coming into town. Many places that never had a problem with obesity before, had a problem once those fastfoodies moved in. I HOPE your people heed your words. Hafa Adai.
Drew: Your comment is very scary, and as we know, the Koch brothers and the repubs will do anything to prevail in November. I read that write.
Readers: Please be sure to make it known, especially to the elders in your town, that if they get any notice that they can vote after voting day, it is a farce and they will lose their chance to vote. You can vote early but you won’t be able to vote late after Tuesday November 4th.
Uca, Jabo: Your comments were disturbing. I will do some research and see what I can find with respect to what you are referring to. I wish you both safety and good health.
Laura: Thanks for the kind words and kudos. I don’t get the chance to write that much anymore nor comment as much as I’d like to, however, I am delighted to be read by the both of you. I HOPE you’ll continue to comment. What’s your thoughts on today’s write? I’d love to hear from you and judge Lora.
Zen Lill: I HOPE you are feeling better and getting rest.
Peace out.
Lastly, greed over a great story is surfacing from my “loyal”(?) readers. With all this back and forth about who owns what, that appears on my blog, let me reiterate that all material posted on my blog becomes the sole property of my blog. If you want to reserve any proprietary rights don’t post it to my blog. I will prominently display this caveat on my blog from now on to remind those who may have forgotten this notice.
Gratefully your blog host,
michelle
Aka BABE: We all know what this means by now :)
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September 23rd, 2014 at 11:17 am
Mike,TM#21 Mike,TM Says: September 22nd, 2014 at 8:14 pm – You nailed it! This is the first time a POTUS has had such military cooperation from this many arab states.
Obama got 4 Arab nations to send their bombers to fly along with American bombers to drop bombs on other arabs in the Middle East. This is a first that the news media is not making a big deal about. But it is a first.
Jordan, Saudi Arabia, United Arab Emirates and Bahrain pilots dropped bombs on other muslims in the Middle East for Obama and Qatar’s air force flew reconnaissance .
The rest of the world is in awe of his leadership abilities while white America is busy painting him as weak. Once again we see that for most of my race color is the only allegiance we have after money. Patriotism and honor are but tools to motivate the customer to part with his money or vote.
September 23rd, 2014 at 11:26 am
“Americans for Prosperity, a group co-founded by the conservative billionaires, has already dropped $8.2 million on TV, radio and digital ads in an effort to defeat the North Carolina Democrat. According to sources tracking media buys, the group has so far spent more in North Carolina than all Democratic outside groups in every Senate race in the country—combined.”
WOW! The five bought and paid for members of SCOTUS have made it just as easy to buy the rest of the government. Everything from local political and judicial offices to the highest offices in the nation.
Thanks to S.T.A.R.K. we are now a country available to the highest bidder.
September 23rd, 2014 at 11:39 am
This is the first time in more than 20 years that this level of cooperation from Arab nations has occurred. Obama is showing that he knows more about military tactics than the McCains and those chicken hawk republicans.
September 23rd, 2014 at 11:57 am
creepshot
A picture taken, generally of a woman, without her knowledge or consent. Creepshots are similar to upskirts, but are usually of the butts of women in yoga pants, or shots of women who happen to be showing a great amount of cleavage.
“Oh man, you gotta see this creepshot of this brunette walking down the street. Amazing ass.”
September 23rd, 2014 at 12:07 pm
How can taking obviously invasive and pervy photos be protected by the First Amendment? When men want to legally be able to get some twisted titillation from seeing hidden body parts of women.
From their abortion rulings you had the suspicions that the male judges were misogynists. Now you know they are that and perverts.
September 23rd, 2014 at 12:10 pm
So in Texas a man has the constitutional right to see a body part of a woman she wishes to keep hidden from the public. Makes sense in a state that says a man has the right to force a woman he has raped to let him have visitation rights to visit that child after the same court has forced her to carry to term.
If only we could reverse the Alamo.
September 23rd, 2014 at 12:11 pm
Real moral place that Texas. You can force a woman to allow you to look up her skirt. It’s the law.
September 23rd, 2014 at 12:25 pm
Is it legal for me to kick the pervert in the face when he tries to take the upshot?
September 23rd, 2014 at 12:26 pm
This law looks like a good way to get women in texas to stop wearing skirts!
September 23rd, 2014 at 12:27 pm
Really really really disturbing…
But so is much of Texas and their laws..
September 23rd, 2014 at 12:28 pm
What’s next in the war on women?
September 23rd, 2014 at 12:30 pm
Time for parents to take their children out of the state of Texas, lest they find pictures of their children on the pederast sites. This is absolutely disgusting. This scum taking shots of little girls should be executed. Of course though it is Texas, where they treat women and young girls like pieces of meat for a man’s pleasure.
September 23rd, 2014 at 12:35 pm
Frank#12, I wouldn’t go that far. The state legislature needs to copy the fed laws verbatim. The wording on the bill was shoddy at the very best it was a weak argument that passed. Rewrite the bill, resubmit, have the governor authorize and it will be all good. There are a lot of laws that this happens to. You just never hear about it because it didn’t happen in Texas.
September 23rd, 2014 at 12:35 pm
Texas is the most anti-woman in the nation. True unapologetic hatred towards women, gays, people of color, children and basically anyone who does not have a white penis.
September 23rd, 2014 at 12:36 pm
But in a perverse way, there is one piece of good news from this ruling: Based on the court’s “logic”, ALL pictures now taken in public can be protected. Including, for instance, of the police.
September 23rd, 2014 at 12:38 pm
(18 US Code 1801 Video Voyeurism:
a) Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.
(b) In this section—
(1) the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;
(2) the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;
(3) the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;
(4) the term “female breast” means any portion of the female breast below the top of the areola; and
(5) the term “under circumstances in which that individual has a reasonable expectation of privacy” means—
(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or
(B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.
(c) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity.
September 23rd, 2014 at 12:39 pm
Yes, Frank#12, clearly all Texans consider women pieces of meat. I, however don’t think that we Texans should be executes for this. Unless of course you serve it up with A1 or ketchup. Steaks should never be eaten with such slop.
Ad Hominem attacks are rarely a sign of intelligence.
September 23rd, 2014 at 12:50 pm
I was surprised to discover that the British didn’t join in the bombing. Only France represented Europe in the bombing department. But Obama didn’t need anyone else he had the arabs bombing arabs.
Say what you will about the guy, he is one helluva of a politician and world leader.
September 23rd, 2014 at 12:55 pm
Those terrorists that went to set up in Syria not because of any beef with Syria but because it was safe sanctuary for them, found out that when Obama said there would be no safe haven for those that plan to attack the US found out it was true today.
Syria was a place some terrorists could feel safe in since the US wouldn’t bomb a sovereign country. But that isn’t the situation for them anymore.
September 23rd, 2014 at 1:05 pm
Truly an unprecedented collaboration between the US and its Arab partners.
September 23rd, 2014 at 1:07 pm
Turkey has also come over. Your president is a very good persuader.
September 23rd, 2014 at 1:10 pm
I live in Texas, and love it. Sad they can’t do anything about it. It’s sad, but be careful what you wear!
September 23rd, 2014 at 1:10 pm
Be careful not to take photos of women’s private parts without their permission.
September 23rd, 2014 at 1:11 pm
Oh good, another reason to avoid Texas.
September 23rd, 2014 at 1:12 pm
So happy for the men who can’t control themselves when I drop something in public. I’m sure they won’t have a problem when they can’t help but stick their dicks in me.
September 23rd, 2014 at 1:14 pm
Jolie#23, That would be the best thing sure. Sadly we can’t make them stop realistically. It would be great though!
September 23rd, 2014 at 2:35 pm
Thank you, Mischa … just laying low …
Debbie, much appreciate your comment.
MaQin, thank you <3 and see below : )
Uwella, hi and thank you for always being around for me <3
James, thank you for your sweet comment.
Tony, thanks and um, which shorts and where?!
Stacey, Reba and Social Butterfly, appreciate your well wishes for me…
…when it became obvious I was going to have to act, swallowing/breathing was compromised, argh, I'll admit I went into denial … (for a few years actually, please, don't be as stubborn as me, I'm only telling you this for your own health and MaQin I will also admit, Western doctors scare me badly, I'm too organic and 'heal yourself' holistic for my own good this time though … )
so I set upon a year journey to find a doctor, and the 2 'highly recommended' men were both arrogant, both said things like 'don't worry your head about other scenarios' when I asked legit questions … I was annoyed and searched my insurance provider, read some backgrounds and chose a doc in an area most white women don't go … he was/is intelligent, more qualified than prior 2 and had nice bedside manner, he brought up the 'what could happen's' then told me based on my excellent health otherwise it would be fine …
so, hey Racists …
here was my surgical team line up:
Black male doctor
Philipino male surgical nurse
Latino Surgical coordinator (muy bueno)
Chinese female aneastesiologist
*Perfect
A few 'what could happen's' did happen and he assured me that this much bigger than expected slashed neck would heal into a think pink line in short order, in the meantime, he said don't think bc you're resting that it's a good time to clean the house or lift weights or any of that stuff, it's not … and when we're all done in a few weeks, it would be my pleasure to buy that man dinner! I will not need meds, he fixed my screwed up trachea and I'm operating perfectly on half a thyroid and the growth is gone.
To our females readers, I share that bc if you think you can or should let it go bc it's small and not harming anything, think again …
…and I want to add that on a metaphysical level, the throat is your place (don't care if you believe in chakras or not) of feeling heard, of stifled creativity, or a miscommunication between what one thinks and what's one Truth (I'm contemplating all this now), it can also be a lack of ability to speak up for one's self and regardless of how I am now and here, there was a time when I did not always have congruency of heart/mind and the ability to speak up to the correct person.
#8 Helen, good one…and I'd take his camera, too.
#9 yep!
#10 agree totally
And I've said enough for today for someone who is resting their vocal chords.
Luv, Zen Lill
September 23rd, 2014 at 3:45 pm
Elizabeth#26, We CAN make them stop realistically. We WILL make them stop realistically. Women accepting BS like this and warning other women to change their lifestyles accordingly are just as bad as men who tell us to calm down because we’re overreacting.
September 23rd, 2014 at 3:46 pm
“It’s long been illegal to take photos of people in private places without their consent. In Texas, bathrooms and dressing rooms are named specifically.”
How is up a Women’s Smith NOT considered a prívate place?!
September 23rd, 2014 at 3:46 pm
Glad to see you back Zen Lill.
September 23rd, 2014 at 3:51 pm
Sorry to hear you had to have throat surgery Zen Lill. I am happy that you felt you could share your experience with us. I’m certain that many will benefit from your openness.
You are in my prayers.
September 23rd, 2014 at 3:52 pm
Obama is awesome! 40 nations and 5 arab states just awesome!!!
September 23rd, 2014 at 3:56 pm
It is the first time those arab nations have supported the US in bombing arab nations must less participating in the bombing along side of the American pilots.
September 23rd, 2014 at 8:30 pm
Obama has made it perfectly clear that when he puts the O in his name on you all that is missing is the bullet that enters and sends you to your 75 virgins. Enjoy your “virgins” Abu Yousef al-Turki.
————————————————
Another head terrorist has bitten the dust. “the airstrikes killed the leader of al Qaeda-linked al-Nusra Front, according to a statement released by the group. It identified the leader as Abu Yousef al-Turki, also known as “the Turk.”
The al-Nusra statement posted on Twitter was accompanied by a so-called proof-of-death — a photograph — of the former fighter. CNN cannot independently verify al-Nusra’s claims, but the monitoring group the Syrian Observatory for Human Rights (SOHR) reported the terror group was among those targeted during the airstrikes.”
======================================
September 23rd, 2014 at 8:36 pm
If I were Obama I would be careful. It seems the Virginia state police aren’t concerned about the safety of the black man in the white house.
Gonzales was arrested in July in Virginia and charged with reckless driving, eluding police and possession of a sawed-off shotgun, but did he legally own the other weapons?
And why was he let out? Get caught with a marijuana joint or two and you can be sent to jail for several years. This guy had a car full of weapons, a map of the White House, and three serious charges against him, but they let him go?
How insane have we become?
September 23rd, 2014 at 8:38 pm
Hmm, let’s see “Among the items found in Mr. Gonzalez’s vehicle in July was a mini-arsenal of 11 guns including two shotguns and four rifles, some equipped with scopes and bipods that a sniper would use and “a map of Washington, D.C., with writing and a line drawn to the White House,”
How can anyone not connect the dots? All those weapons and a line drawn to the White House? This is more than just a failure of the Secret Service. Law enforcement officials had every reasonable right to believe that this man was on a mission. This was not a tourist!
Virginia state officials should have taken this man into custody, and at the least, if his acts were not criminal, they were suspect and he should have been placed into some kind of supervisory or psychiatric program where he could have been rendered harmless.
The Secret Service, if notified should have also followed up to be certain the man was out of circulation and that he no longer had access to firearms. If this was a serious terrorist or other person with criminal intent and they were able to jump the fence and go through the White House doors then there’s a serious problem.
What if he had an explosive vest? There are too many failures of security and law enforcement at all levels. If this was a member of ISIS it would have been a tragedy.
September 24th, 2014 at 10:15 am
ZL, glad to hear you are on the mend. My friend had thyroid surgery too. I wanted to share that, if in your healing process they’ve put you on synthroid, be aware it may take some time to get it adjusted properly to your body’s needs. My friend went through a terrible time with weight gain and such before her dosage was right. I want to say it took about a year to get it fine tuned. So hang in there. I wish you well and a quick mend.
/SB
September 24th, 2014 at 10:19 am
Happy New Year #5775 everyone.
For my friend who reads here and asked about Rosh Hashanah -
Hebrew: רֹאשׁ הַשָּׁנָה, literally “head of the year”- is the Jewish New Year. The Biblical name for this holiday is Yom Teruah (Hebrew: יוֹם תְּרוּעָה, literally “day [of] shouting/raising a noise”) or the Feast of Trumpets. It is the first of the High Holy Days or יָמִים נוֹרָאִים Yamim Nora’im (“Days of Awe”) which usually occur in the early autumn of the Northern Hemisphere. Rosh Hashanah is a two-day celebration, which begins on the first day of Tishrei. The day is believed to be the anniversary of the creation of Adam and Eve, the first man and woman, and their first actions toward the realization of humanity’s role in God’s world. Rosh Hashanah customs include sounding the shofar (a hollowed-out ram’s horn) and eating symbolic foods such as apples dipped in honey to evoke a “sweet new year”.
Shanah Tovah
/SB
September 26th, 2014 at 9:21 am
[…] Zen Lill: Happy that you did your homework, found good doctors to be on your team, and the growth is gone. Thanks for sharing your story. I HOPE it will inspire others to take action as you did. Be well. […]