[From article]
But his defense lawyer, Mark Lawrence, argued Buono didn't violate the laws against invasion of privacy and attempted encouraging child sexual abuse, a child pornography count.
The privacy law bans clandestine photography in bathrooms, locker rooms, dressing rooms and tanning booths, but the Target aisle was plainly public, Lawrence said.
Upskirt sightings can occur by happenstance, he said, citing a famous photo of Marilyn Monroe with her dress flying up. And that could happen to someone riding up an escalator, taking a spill or exiting a car, he said.
"These things are not only seen but video-recorded," Lawrence said. "It's incumbent on us as citizens to cover up whatever we don't want filmed in public places."
The privacy law also specifies nudity, and the girl was wearing underwear, Lawrence said.
[. . .]
The judge called his decision to acquit Buono "upsetting to say the least."
http://www.timesunion.com/news/us/article/Oregon-judge-Upskirt-photos-of-teen-at-store-not-6066832.php
Oregon judge: Upskirt photos of teen at store not illegal
Updated 2:59 pm, Saturday, February 7, 2015
