Court says ‘upskirting’ is not a crime in Georgia

The grocery shopper admitted feeling uneasy when she first noticed a store clerk stooped down behind her as she reached for a carton of milk. Moments later, while picking an item off another shelf, she was aghast to see the same clerk behind her taking a video from a cell phone camera pointed up her skirt.

The clerk, Brandon Lee Gary, would later be charged and convicted of invasion-of-privacy. Prosecutors noted the security camera from the Publix store in Houston County showed Gary had aimed his phone underneath the woman’s skirt at least four times as she walked the aisles.

During the June 2013 incident, Gary engaged in the lewd practice of “upskirting” — the clandestine videotaping of a person’s private parts in a public place.

But in a recent decision, the state Court of Appeals threw out Gary’s conviction, finding that no law in Georgia criminalizes such “reprehensible” conduct and saying the Legislature needs to fix that problem.

Read more about the court decision at

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