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  1. #21
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    May 2012
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    29

    Default Re: Filming of Women's Legs on Train

    They're charging me with voyeur (647) crime, as misdemeanor, even though I was not filming "upskirt".

    My attorney tried to get the judge to do an impasse since their phone search warrant was not initiated within a particular time frame. But the judge denied it. So they set a date for later in September. My attorney said I could either plead guilty or go through with a trial.

    My biggest concerns are losing my job and/or doing jail time. I don't want either to happen.

  2. #22
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    Jul 2016
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    26

    Default Re: Filming of Women's Legs on Train

    Have you read the definition of voyeur (647) your state or city has? Does your situation meet that definition? If your actions do not meet the definition, take it to trial. If they do meet the definition, ask your attorney if you should plea, depending on how much time they have to prosecute.

    If that is illegal, I have to wonder: what if you had simply been looking at her legs, and the train camera showed you looking down at them. Would that be voyeurism too, even though you are in public and they are clearly displayed for the public to see? Many women think it should be illegal to look at their rear end, even when they show it off for the cute guys to look at. They just don't want the ugly guys looking. I'm curious if such a law would be unconstitutional or if it would stand. I think I heard that in the work place, you can be sued for sexual harassment if you look at a coworker's rear end. I don't know if a glance is enough.

  3. #23
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    Sep 2005
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    California
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    Default Re: Filming of Women's Legs on Train

    Quote Quoting heyjoojoo
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    They're charging me with voyeur (647) crime, as misdemeanor, even though I was not filming "upskirt".

    My attorney tried to get the judge to do an impasse since their phone search warrant was not initiated within a particular time frame. But the judge denied it. So they set a date for later in September. My attorney said I could either plead guilty or go through with a trial.

    My biggest concerns are losing my job and/or doing jail time. I don't want either to happen.
    Was it PC 647(j)(2)?

    647(j)(2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
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  4. #24
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    May 2012
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    29

    Default Re: Filming of Women's Legs on Train

    Quote Quoting cdwjava
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    Was it PC 647(j)(2)?

    647(j)(2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
    Yes. That's the charge.

  5. #25
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    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Filming of Women's Legs on Train

    Quote Quoting mikesmith321
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    if that is illegal, i have to wonder: What if you had simply been looking at her legs, and the train camera showed you looking down at them. Would that be voyeurism too, even though you are in public and they are clearly displayed for the public to see? Many women think it should be illegal to look at their rear end, even when they show it off for the cute guys to look at. They just don't want the ugly guys looking. I'm curious if such a law would be unconstitutional or if it would stand. I think i heard that in the work place, you can be sued for sexual harassment if you look at a coworker's rear end. I don't know if a glance is enough.
    q4p.

  6. #26
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    Sep 2005
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    California
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    Default Re: Filming of Women's Legs on Train

    Quote Quoting heyjoojoo
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    Yes. That's the charge.
    I suspect they have reason to believe you were doing more than simply filming her legs from where you stood. The code section doesn't apply to legs. Were you holding the camera down low at your side? Could it have appeared that you were trying to record an angle that might have been trying to get an angle under her skirt.

    Either they overcharged for nothing, or, there is more to this sordid tale. This is not an offense often charged, so it's either greatly overblown, or, they have more than you know or are letting on.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  7. #27
    Join Date
    May 2012
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    29

    Default Re: Filming of Women's Legs on Train

    Quote Quoting cdwjava
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    I suspect they have reason to believe you were doing more than simply filming her legs from where you stood. The code section doesn't apply to legs. Were you holding the camera down low at your side? Could it have appeared that you were trying to record an angle that might have been trying to get an angle under her skirt.

    Either they overcharged for nothing, or, there is more to this sordid tale. This is not an offense often charged, so it's either greatly overblown, or, they have more than you know or are letting on.
    She was sitting across from me but directly across from me. She sat at an angle. toward the far end of the seat. The camera was in my lap the whole time.

  8. #28
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    California
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    Default Re: Filming of Women's Legs on Train

    Quote Quoting heyjoojoo
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    She was sitting across from me but directly across from me. She sat at an angle. toward the far end of the seat. The camera was in my lap the whole time.
    So, the angle was low and could well have been considered to be an attempt to film under skirt. Yeah, that's not good for you. Not to mention creepy.

    Such things can get you thumped by angry boyfriends or husbands, so maybe you oughta just go online to search for future voyeuristic viewing.

    I have my doubts that the prosecutor would want to take this to a trial, so if your attorney advises you not to take a plea, the matter may get dropped. But! If they do go to trial, you may have women, mothers and fathers on that jury that find what you did to be creepy enough to find you guilty no matter how you try to spin it by claiming you were ONLY trying to capture her legs.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #29
    Join Date
    May 2012
    Posts
    29

    Default Re: Filming of Women's Legs on Train

    Quote Quoting cdwjava
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    So, the angle was low and could well have been considered to be an attempt to film under skirt. Yeah, that's not good for you. Not to mention creepy.

    Such things can get you thumped by angry boyfriends or husbands, so maybe you oughta just go online to search for future voyeuristic viewing.

    I have my doubts that the prosecutor would want to take this to a trial, so if your attorney advises you not to take a plea, the matter may get dropped. But! If they do go to trial, you may have women, mothers and fathers on that jury that find what you did to be creepy enough to find you guilty no matter how you try to spin it by claiming you were ONLY trying to capture her legs.
    Well, at first he did say he recommended it go to trial. He felt it was very good for trial. But he also did mention the things you did. Plus how expensive it will be too. I'll speak with him again this week.

  10. #30
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    Jan 2012
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    Tacoma, WA
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    1,534

    Default Re: Filming of Women's Legs on Train

    Quote Quoting cdwjava
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    I have my doubts that the prosecutor would want to take this to a trial, so if your attorney advises you not to take a plea, the matter may get dropped. But! If they do go to trial, you may have women, mothers and fathers on that jury that find what you did to be creepy enough to find you guilty no matter how you try to spin it by claiming you were ONLY trying to capture her legs.
    Well, OP did say that attempts to prevent/quash the search warrant failed – suggesting that a search of the phone’s contents was performed. Considering that was OP’s primary concern, I suspect that there are videos/photos on the phone that may make it the DEFENSE attorney that won’t want to take it to trial.
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