From WANE

FORT WAYNE, Ind. (WANE) – A video store manager in Ashley, Indiana is accused of taking “upskirt” pictures of female customers; including a 10-year old girl.

One of at least three complainants is Ed Morrow. He says his daughter Abby Morrow, 10, was at the store with her uncle Thursday, when A-HEC Video Game and DVD Rentals’ manager ‘Butch’ Miller got a little too close.

“I kept walking away from him (Miller), but he kept following me,” said Abby Morrow. She added, Miller allegedly slipped his cell phone between her legs and snapped a picture. “I was glad I was wearing a skort, because I saw him crouching down beside me and I saw him with his phone.”

Her father wasn’t as relieved. He confronted Miller and asked to see his cell phone. Morrow says Miller handed it over, revealing several inappropriate pictures of women. Morrow called police and found he wasn’t the only complainant.

“We had had three different occasions where allegations were made,” said Ashley Police Department Deputy Chief Garry Osborn. The department has been investigating all three, confiscating Miller’s cell phone and computer hardrive. Police won’t comment on what they found, because it is still an active investigation. All of the evidence was turned over to the Dekalb County prosecutor. But Osborn says, unless there is nudity or the sale of the pictures involved, the prosecutor can’t press charges for someone taking upskirt pictures. “There’s no statute that covers that type of behavior.” However, Morrow says, Miller did receive a battery charge for brushing up against Abby Morrow during the alleged incident.

IC 35-42-4-2
Criminal deviate conduct
Sec. 2. (a) A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the conduct is occurring;

I’m no lawyer, but they think differently in Santa Barbara.

Police arrest alleged ‘upskirt’ suspect
By ERIC LINDBERG — July 9, 2009

Santa Barbara police arrested a 33-year-old man after discovering he had been taking photographs and videos of women in public, including shots up their skirts, for at least two months, authorities said.

Sijifredo Sotelo is suspected of obtaining a photo for sexual gratification without consent, in addition to resisting arrest. He was taken into custody on Wednesday after a victim reportedly caught him in the act, police officials said.

And, in Georgia.

Upskirt teacher photos, led to student arrest
Friday, February 13, 2009

Georgia student, Curtis Pickard, is charged with unlawful eavesdropping or surveillance after he took “upskirt” photos of 33-yr-old Greenbrier High School teacher Ellen Hotchkiss using his cell phone.

Same thing in Washington state.

Matthew Conrad Anderson is accused of taking pictures showing the undergarments of female participants in the competition. On Monday in Thurston County Superior Court, he was ordered held on $25,000 bail on suspicion of the voyeurism charge. Police seized Anderson’s cameras, and found photos showing “a close up view of the young girl’s groin area showing her ‘spankies’ or outside underwear,” court papers state.

And also in New York.

Now we learn of a woman in NYC who believed she was the victim of an upskirt photo. She jumped onto the train with the alleged peeper, took a photo of him and told him to “smile” because she was taking the photo to the police. NYC radio station 1010Wins reports, “On Tuesday, an officer at the 110th Street Subway Station approached a man matching the photograph, police said. The man, identified as Aaron Olivieri, 36, was arraigned in Manhattan Criminal Court on Wednesday on misdemeanor charges of unlawful surveillance and attempted sexual abuse and harassment, authorities said.”

I could give you hundreds of additional examples.

So would some prosecutor grow a pair and arrest and charge this asshole, please?

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