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PLANO -- Fermin Morales-Gonzalez, 43, is facing five felony charges, accused of taking pictures up women's skirts across the city of Plano.

Plano police say those stores included two Wal-Mart locations, a Walgreens, a Kroger, and a 7-Eleven, though those are only the locations they could confirm were in the city.

Police were first tipped off to Fermin Morales-Gonzalez back in November of 2013 when a customer at a Wal-Mart knew something wasn't right.

'It just so happened that one of our officers happened to be driving through the parking lot, so he flagged down that officer, and told him what his suspicions were,' said Plano Police Officer David Tilley.

According to the felony probable cause affidavit, a detective approached Morlaes-Gonzalez and uncovered close to 70 videos on his cell phone. All the pictures were of women, and police believe all were unaware they were photographed.

While he was ultimately booked and released, police kept his cell phone. An investigation later tied Morlaes-Gonzalez to five different incidents across Plano.

Friday, Morlaes-Gonzalez was indicted on five felony counts of improper photography.

While he awaits trial, lawyers are challenging the constitutionality of the law that put him behind bars.

'I would hate for my daughter to have up skirt pictures taken of her without her knowledge, I would hate for my wife to,' said Houston-based defense lawyer Mark Bennett. 'Should it be a crime? Well, criminal law is a very blunt instrument to deal with people's hurt feelings.'

Judges on Texas' Criminal Court of Appeals could uphold a lower court's ruling and deem the improper photography law, as written, unconstitutional. The Court of Criminal Appeals could hand down an opinion as soon as September.

'The statue is written so broadly that if I take your picture without permission with the intent to arouse or gratify anyone's sexual desire, I'm committing a crime,' Bennett said. 'It is way too broad.'

Legal or not, police say this arrest sounds a familiar alarm - be aware of your surroundings.

'We believe that this is going to become an activity that's going to become more prevalent in our society today,' Ofc. Tilley said. 'We already know that it is happening a lot more than what the average citizen realizes.'

E-mail srobertson@wfaa.com

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