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to be surreptitious upskirt pictures of women taken for the purposes of sexual gratification.

Criticising an anti-creepshot law as a paternalistic intrusion on a persons right to be aroused, the Texas court of criminal appeals struck down part of the states improper photography or visual recording statute which banned photographing, broadcasting or transmitting.

The case stemmed from the arrest of a man in his early 50s named Ronald Thompson who was stopped in 2011 at Sea World in San Antonio after parents reported him swimming with and taking pictures of children aged 3-11.

The local district attorneys office said that he tried to delete the photographs before his camera was seized and a police examination of it revealed 73 images of children in swimsuits with most of the photographs targeting the childrens breast and buttocks areas.

Prosecuting lawyers argued that the constitutional right to free speech, which includes taking public photographs, should not be a factor because photography is essentially a technical recording process and that attempted lawbreakers should not be able to hide behind free-speech protections.

Attorneys for Thompson said that the statute was the stuff of Orwellian thought-crime and that it did not distinguish upskirt or peeping Tom photography from merely photographing a girl in a skirt walking down the street, so in theory.

The appeals judges appeared to agree, stating that although upskirt type-images are intolerable invasions of privacy, the wording of the law is too broad.

Presiding judge Sharon Keller wrote in the courts opinion published on Wednesday : Protecting someone who appears in public from being the object of sexual thoughts seems to be the sort of paternalistic interest in regulating the defendants.

The judges said that photographs were inherently expressive, like other artistic mediums such as films or books, and so the process of creating them, as well as the images themselves, was part of an Americans right to free speech because thought is intertwined with expression.

Debjani Roy, deputy director of Hollaback!, a New York-based anti-street harassment group, told the Guardian it is a huge violation and absolutely appalling that the rights of predators are being valued over the rights of women and girls.

Thompson was indicted by a grand jury on 26 felony counts of improper photography.

After another appeals court declared the statute unconstitutional last year, the Bexar County district attorneys office issued a press release titled Cover up while we appeal!

At least 151 inappropriate photography cases have been filed in the Houston area alone since the laws introduction in 2001, the.

One saw a 12-year-old girl convicted and sentenced to a years probation for taking a surreptitious photograph of a classmate in a school dressing-room, though the image did not show nudity and was swiftly deleted.

While there is a federal law against taking voyeuristic images on federal property, the issue is generally regulated at state level where seemingly outdated rules have prompted occasional controversies.
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