Criminal Defense Attorney Tulsa | Clandestine Photographs | Cale Law Office
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If you’ve been charged with taking clandestine photos, you need the best criminal defense attorney Tulsa has to offer. Call Stephen Cale of the Cale law office at 918-277-4800. Schedule your free initial consultation. Attorney Stephen Cale is a skilled criminal defense attorney. He works hard to get his clients the best possible result. Clients give him high reviews.
The state statute concerning taking clandestine photos states as follows:
A. Every person who hides, waits or otherwise loiters in the vicinity of any private dwelling house, apartment building, any other place of residence, or in the vicinity of any locker room, dressing room, restroom or any other place where a person has a right to a reasonable expectation of privacy, with the unlawful and willful intent to watch, gaze, or look upon any person in a clandestine manner, shall, upon conviction, be guilty of a misdemeanor. The violator shall be punished by imprisonment in the county jail for a term of not more than one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
B. Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person without the knowledge and consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy, or who publishes or distributes any image obtained from such act, shall, upon conviction, be guilty of a felony. The violator shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
C. Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person and capture an image of a private area of a person without the knowledge and consent of such person and knowingly does so under circumstances in which a reasonable person would believe that the private area of the person would not be visible to the public, regardless of whether the person is in a public or private place shall, upon conviction, be guilty of a misdemeanor. The violator shall be punished by imprisonment in the county jail for a term of not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
D. As used in this section, the phrase “private area of the person” means the naked or undergarment-clad genitals, pubic area, buttocks, or any portion of the areola of the female breast of that individual.
Criminal Defense Attorney Tulsa | Clandestine Photographs
Prosecutors charged the defendant with taking clandestine photographs. He had a trial before the judge. This is called a bench trial. The judge found him guilty and sentenced him to six years in prison. However, the judge held that the balance of the sentence would be suspended upon completion of certain behavioral programs. The defendant appealed.
The defendant raised three issues appeal. The first was whether not the statute was constitutional. Second issue was whether or video evidence offered against the defendant must be suppressed due to an illegal search. The third issue was whether the evidence was sufficient to show that the defendant knowingly activated videocamera. The Oklahoma Court of Criminal Appeals reversed the conviction.
The evidence showed that the defendant used a digital camera, hidden in a backpack, to take photographs of the female student in the lobby of a college. She did not know that this was happening. The to support a conclusion that the defendant had intentionally tried position the backpacks of the camera to capture images of the students body underneath her skirt. The defendant claimed on appeal that the attempt to clandestinely photograph any part of the person while the person is a public place is not a crime. The prosecution argued that the part of by this been photograph is what is important. Also said that a look at the person’s attempt to protect it from view the public place.
Specific examples guided the appeals court’s understanding what the legislature intent is kinds of places to which the statute applies. The list includes only places that are close to the general public. The phrase places is not concerned places a person’s body. Statutes defining crimes should be strictly construed. Strict construction does not reward bad acts. Instead it ensures that liberty prevails.
Anyone who’s been charged with taking clandestine photographs needs the best criminal defense attorney Tulsa has to offer. They need an attorney who will fight hard to get the case dismissed. That’s exactly what attorney Stephen Cale the Cale law office tries to do. He is an aggressive criminal defense attorney. You can see testimonials from real clients at CaleLawOffice.com/testimonials.
Where general words full particular word to the statute, the general words will be considered applicable only two things the same general character. Statute poses anyone who unlawfully hides or loiters. The Oklahoma Court of Criminal Appeals reached the same decision in unpublished case. It affirmed the district court’s order dismissing prosecution into the court the defendant defendant’s conduct was not covered by the statute. The amended statute creates a entirely new crime.
The case is not about an individual’s right to privacy against him or intrusion found in the fourth amendment. Instead, it’s about the legislative branches role in defining criminal activity. The state cannot protect citizens from criminal activity of others less the legislature does a by clear intent. They did not do so in this case.
Lawmakers have not kept up with the fantasies of that if you mind. Technology used to fill those fantasies is not been considered by them. Best criminal statutes are written as a reaction to some type of conduct. The ulcer an attempt to curb future conduct deemed to be criminal. Conduct in this case is not defined as criminal by the statute. When you have some a who dedicates his practice to criminal defense, then you have the best criminal defense attorney Tulsa has to offer. Attorney Stephen Cale focuses his practice on criminal defense.