Jury Selection

A Georgia appeals court recently called the process of "upskirting" reprehensible, but they also said it wasn't illegal. The man who was being prosecuted had been accused of violating a woman's privacy by using a phone to take a video while pointing the camera up her skirt, without her knowledge. He was a grocery store employee, and she was a shopper. He took a minimum of four different videos this way, according to reports about the case..

A Regrettable Lack

One judge who was involved said that his actions were not illegal because there was no law in Georgia that made them so. She called this lack regrettable, but she refused to prosecute the man just because she thought his actions were "reprehensible" if no law existed that meant he should be charged.

Not everyone agrees. Another judge said his actions were clearly in violation of the law. This could make it something of a gray area, legally speaking, which is why the final ruling on this case will be so important.

More Appeals

This is likely not the end of the case, according to the Judicial Circuit District Attorney, who said that they would attempt to get the Court of Appeals to consider the decision again. If the court won't reconsider, they can also ask the Georgia Supreme Court to see the case. It appears that the facts are all out on the table at this point, and the only question is how the current laws need to be interpreted regarding privacy and what people should expect in public places -- like grocery stores.

Part of the argument here is that the law says things done "in any private place and out of public view" can't be recorded without a person's permission. On one side, some say that areas of a body could count as a "private place" that should not be recorded. Others argue that the word "place" only refers to where a person is located, and the woman was in a public grocery store.

Defining the Law

Laws are often interpreted and fully defined, long after they are written, by the decisions made in court. It's crucial for people to watch the outcome of this appeal to see how the law handles privacy issues going forward.

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