The Associated Press
HILLSBORO, Ore. — An Oregon judge has ruled that a 61-year-old man did nothing illegal when he crouched in the aisle of a Target store and snapped photos up a 13-year-old’s skirt.
Lewd and appalling, yes, but not illegal, said Washington County Judge Eric Butterfield.
On Thursday, Butterfield acquitted Patrick Buono of invasion of privacy and attempting to encourage child pornography.
The Oregonian reports Buono didn’t dispute using his cellphone to take upskirt photos on Jan. 3.
But defense attorney Mark Lawrence argued the law doesn’t give people an expectation of privacy in a public place like a retail store.
He also said the law specifies nude victims — she was wearing underwear.
And, he said, child pornography charges apply when a victim is engaged in sexual conduct, which wasn’t the case.