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OPEN SEASON FOR PEEPING TOMS
By FaynerIsBack | March 27, 2008
OKLAHOMA CITY — The state House on Thursday will consider a Tulsa legislator’s bill that could help rectify a problem with the law that came to light recently when a suspected “Peeping Tom” in a Target store was freed by a court.
The Oklahoma Court of Criminal Appeals ruled that a charge against a man accused of “situating a camera underneath the skirt of an unsuspecting customer” must be dismissed because it had occurred in a public place.
The appeals court said it was restricted by current Oklahoma law that prohibits such an action only if it occurs “in a place where there is a right to a reasonable expectation of privacy,” such as a locker room, dressing room, restroom or a place of residence.
Rep. Pam Peterson, R-Tulsa, said she has been working on a bill since last summer to address this very problem. Her measure, House Bill 2606, would make such an offense a crime, wherever the offense occurred. Peterson said it is a case of catching up the law with current technology, such as the advent of cell phones that take pictures.
Peterson’s bill calls for prosecuting the offender for a misdemeanor, with punishment of up to a year in prison and/or a $5,000 fine.
The current “Peeping Tom” statute calls for a felony count with punishment up to five years in prison.
Tulsa County District Attorney Tim Harris said Wednesday the more specific offense should remain a felony.
“People have the expectation of privacy over their bodies,” he said. “If the woman was naked, that is one thing, but it is another thing if a cell phone is taking a picture of her crotch.”
He said the court’s decision is a “confusing analysis.”
“How do I go back to this victim and tell her she has no expectation of privacy to her private parts in a public place?” he asked.
Peterson said her misdemeanor proposal “is a place to start.”
Harris said he agrees it is probably a stopgap measure that is a step forward.
The lawmaker said that due to overcrowding problems within the prison system, she is not sure another felony should be put on the books.
“We want to make sure that there is a law that makes this a crime,” Peterson said.
In the 2006 case, Riccardo Gino Ferrante, now 34, was accused of shooting pictures from an angle underneath a woman’s skirt, without her knowledge, in the open shopping area of a Target store.
The court’s summary opinion affirmed by four of five judges said a district court had ruled correctly in dismissing the charge, based on current law, “although the court in interpreting and applying particular statutes may think the Legislature should have made them more comprehensive.”
This is precisely what Peterson says her bill will do.
Tulsa community groups that work with women and girls were concerned about the implication of Tuesday’s decision.
“We can’t believe that measuring decent behavior has become whether it falls within a loophole or technicality of the law,” said Barbara Findeiss, executive director of the Child Abuse Network.
Offenders often find dangerous loopholes that stand in the way of common sense, she said.
“The obvious is not so obvious anymore,” she said.
Felicia Correia, chief executive officer of the Tulsa YWCA, said the law needs to be changed.
“You would think that in a store, under your skirt, you could expect privacy,” Correia said.
The law needs to protect women against the ways technology can be used to hurt them. Not doing so would send a damaging message to the community, she said.
“It will be more and more difficult as technology advances,” Correia said.
The associate director of Domestic Violence Intervention Services/Call Rape, said she is confident the law will change and she understood the judges’ task when looking at the case.
“They have to look at a lot of distinctions,” said Donna Mathews, who is also an attorney.
Legislators have worked quickly in the past on issues involving women and privacy, Mathews said. “I think they will in this case, too,” she said.
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