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If he had merely witnesses simply by looking out his window, no. But the fact that he was using optical devices and video recording equipment,...HELL YES! Walk him into court naked as start of his punishment!
That's not exactly true. There are plenty of instances where an expectation of privacy could exist even without a window covering. If someone had to go out of their way to get to a house that was away from neighbors, and then stand on a tree branch or something to look in then they are guilty...no curtains necessary.
In my opinion, if he was on HIS property, he is still legally allow to view his neighbors if they do not close there curtains, even if he was in a tree using a video camera. Now if he trespassing onto someone else's property, and trying to peeking into windows that's a peeking tom. I don't see how someone can have "an expectation of privacy" then they made no attempts to secure there privacy.
Passing in the car or sidewalk to look and not stare isn't an issue.
If someone stays there gazing a long tome like it's a show or uses optical enhancers to see in, then that starts to violate privacy law.
The issue would then be what expectation of privacy a person has when they stand in front of a (unblocked) window in a brightly lit room at night.
So this guy is peering into a window while wacking off and someone else is using a recording device to tape him wacking off. Both sides should be in jail if this new development is true.
Unless there is more to the story, this is a complete non-issue.
He wasn't trespassing, he wasn't employing any type of surveillance equipment, and he was looking at something that was in plain view. There is no reasonable expectation of privacy for exhibitions which are in the public eye.
We seem to be so in search of "monsters", that we need to make them up even where they don't exist.
I realize your not defending these laws, just stating your understanding of them,but Some of these laws seem silly.
I live near the beach. We have a lot of Europeans that come here, and many times they just let heir children run around naked. Most of the children are probably 5 or younger. Does that mean that everyone that walked By the kids playing on the beach are in violation of the law?
Dunno, but she might be in violation, no?
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