Court prevents accused up-skirt photographer from being charged

Court prevents accused up-skirt photographer from being charged

Court prevents accused up-skirt photographer from being charged

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by Rogelio Mares / KENS 5

wfaa.com

Posted on April 29, 2014 at 10:55 AM

Updated Tuesday, Apr 29 at 10:55 AM

SAN ANTONIO -- A woman shopping at La Cantera said a man took a photo up her skirt, and she wants to prevent it from happening to anyone else.

She gave Eyewitness News a piece of video of shoppers restraining the man, whom the woman claims violated her body. The woman did not want to be identified. 

Due to the "improper photography law" court ruling past last August, the woman can not press charges against the man accused of taking the up skirt pictures.

"I was wearing a sundress and looking at an item, that's when all of a sudden I felt a man's hands go up my dress," the woman said. "I turned around and he had his cell phone up my dress."

Her panic quickly turned to relief as shoppers answered her cries for help.

"Once he was taken down by the bystanders and was put in handcuffs by police I was elated. I was so glad that he was in handcuffs," she said. 

SAPD told WFAA's sister station KENS 5 on Monday that the man is no longer in custody and not charged with a crime. Since the man has not been charged with a crime, KENS 5 has chosen not to name him. 

"Reality is that Bexar County is under the Fourth Court of Appeals, and the Fourth Court of Appeals states that the law of inappropriate photography is unconstitutional," she said.

The law states that a person commits a crime if they take a photo without your consent and with the intent to arouse or gratify.

The State Appeals Court for the district called the language of the law "too vague" last year, thus rendering it unconstitutional.

"We're supposed to to protect our wives, the important people in our lives, I wasn't there to do it. The laws are there in place to do it but they're not allowing that to happen," the woman's fiance said.

"Perhaps had I been in another county under a different court, charges could've been pressed," she said.

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