Decision Reversed for Houston County Man for “Upskirting”

Last week, the Georgia Court of Appeals, in a 6-3 decision, reversed the conviction of a Houston County man, for “upskirting”.  He was prosecuted under Georgia’s Invasion of Privacy Act, for using a cellphone camera to video record a woman under her skirt while she shopped for groceries.  The defendant was an employee of Publix, where the filming occurred.  The statute, O.C.G.A. § 16-11-62, forbids photographing or recording activities of an unconsenting person “in any private place and out of public view”.  The majority opinion ruled that the word “place” did not apply to a region of the body.  Given that the decision involved a three-judge dissent, and the unpopular press that has accompanied it, I would expect the Georgia Supreme Court to review this ruling, and potentially reverse the Court of Appeals.  Alternatively, it is likely that the General Assembly will modify the language in the code section, in order to criminalize this behavior.  Still, this opinion is noteworthy because six judges were able to set aside their disgust for the defendant’s conduct and interpret the statute strictly, which they are required to do.  For more on the decision, click here: https://www.law.com/sites/almstaff/2016/07/18/man-who-filmed-up-a-womans-skirt-in-public-place-cant-be-convicted-of-privacy-invasion/.