Man photographed girls playing soccer arrested...

[Ahh!]

Cops: Man photographed girls playing soccer in Webster park to gratify sexual desires

Cops: Man photographed girls playing soccer in Webster park to gratify sexual desires | khou.com | News

[dmcantrell]

I was on the photog's side until I read this :

Police seized computer equipment from Clark’s car, including a digital camera, 16 memory cards, an iPod, six USB flash drives, a computer and a collection of pornographic pictures, DVDs and magazines, Smiley said.

[ronocnikral]

so i'm confused. arrested for photographing without consent with the intentions...

so no intentions no arrest? how do they know your true intentions? they found porn...should they have even found it in the first place? does the porn in a vehicle imply what he was intending to do?

so many questions, so little time...

[CaptainTom]

If you outlaw cameras, only perverts will have cameras.....

[janikphoto]

It's odd that his pictures were from the knee to the neck.

[ChristopherCoy]

I am SOOOOOOOOOOO not getting in on this one... learned my lesson the last time!

I am however getting some....

[Brains]

I'm most curious how the initial dialog went. That's likely what tipped someone off, and got people more interested. I've been approached while shooting all kinds of places, people, etc. and never had anyone be anything but interested and friendly. Then again, I'm not a perv and I'm quite proud to show what I'm shooting. This guy was probably creepyGuy#1 right off the bat.

[CaptainTom]

Originally Posted by ChristopherCoy

I am SOOOOOOOOOOO not getting in on this one... learned my lesson the last time!

I am however getting some....

Large size for me please...

[ka5txl]

Note to self: make sure I reformat my memory cards from Glamour Club photoshots before I go to the park.

Chris I'll also have a large popcorn with butter please

[Cajungaltx]

As the mom of a daughter in this age group - I say throw him under the jail...

But I think the guy who commented on the story above says it better than I can:

The people who make these sort of accusations are perverting the Constitution and the justice system of America. Unless they have some other corraborating evidence that was taken lawfully and under writ of warrant issued with just cause, not merely the accusation of another person, or the immediate seizure of his personal belongings, this should easily get thrown out of court. It may be true that this person is a predator, or potential child molester, however, to be arrested and punished for that crime, the burden is on the prosecution to prove it beyond a reasonable doubt. As I see it so far, based on the facts reported in this story, this person was unjustly arrested for taking photographs, there are NO laws that exist preventing anybody from doing that. He's probably going to walk, and if he is a predator, shame on the police for jumping the gun like that!

[Howard Barlow]

Originally Posted by ronocnikral

so i'm confused. arrested for photographing without consent with the intentions...

so no intentions no arrest? how do they know your true intentions? they found porn...should they have even found it in the first place? does the porn in a vehicle imply what he was intending to do?

so many questions, so little time...

Words mean things, especially in law. "...to gratify sexual desires..." is the key. Read the penal code. Of course, now, they have to prove that. Certain actions are 'presumption' of intent under law.

As for finding the porn, depends on the order of events. Perhaps, using the plain view doctrine, they looked through the window of his car and saw something in there. Otoh, once they arrested him, searching him and his car are proper procedure.

One thing many people always seem to overlook, when such items are posted on a forum, we are not reading the whole course of events. We are reading part of something, and that of which the writer chose. If we weren't there, we do not know the facts.

I'm not for, or against, the man, or police. We need to be careful we don't reach a verdict, until all the evidence is presented, from both sides.

[wclavey]

Definition of Improper Photography or Visual Recording - Texas Penal Code Section 21.15

§ 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING.

a) In this section, "promote" has the meaning assigned by Section 43.21.

b) A person commits an offense if the person:

(1) photographs or by videotape or other electronic means visually records another:

(A) without the other person's consent; and

(B) with intent to arouse or gratify the sexual desire of any person; or

(2) knowing the character and content of the photograph or recording, promotes a photograph or visual recording described by Subdivision (1).

c) An offense under this section is a state jail felony.

d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

[ronocnikral]

interesting.

it has to be so hard to prove intent...

barlow is correct...but it still piques my interest.

[Howard Barlow]

Originally Posted by wclavey

(A) without the other person's consent; and

(B) with intent to arouse or gratify the sexual desire of any person;

Thanks, Wes.
....

Notice the word 'and'. BOTH elements must be present for it to be an offense. Otherwise, shoot away. Photographing people without their consent, in a public place, is not against the law in Texas, usually.

[Howard Barlow]

Originally Posted by ronocnikral

it has to be so hard to prove intent...

Not necessarily.