According to court records, the woman, while getting milk, first noticed Gary bending down behind her as if he were tying his shoe. On another aisle, as the woman grabbed an item off a shelf, she turned around and saw Gary bending down behind her again, this time with his cell phone out and its camera pointed up under her skirt.
The upset shopper left the store but soon returned and complained to the store’s manager. A review of the Publix security camera showed that Gary aimed his phone’s camera underneath the woman’s skirt at least four times as she walked the aisles. Gary was indicted six months later, was eventually convicted and sentenced to five years on probation.
His lawyer said there was no law on the books that specifically outlawed “upskirting.”
In recent years, legislatures in Massachusetts, Texas and New Jersey have enacted new laws that criminalize “upskirting” — today’s version of a peeping tom offense.