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Mon Sep 27,11:13 PM ET

AUSTIN, Texas - An Arizona man has been accused of secretly videotaping nudists at the Hippie Hollow park near Austin. Dale Alan Whitenhafer, 38, of Gilbert, was arrested on Sunday for allegedly using a video camera that was hidden inside a collapsible ice chest, with holes to allow the taping.

For the rest of the story click HERE
 

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According to Jeff Albritton, Travis County park ranger supervisor, cameras are allowed at Hippie Hollow, but it is a crime to take pictures without permission and for sexual gratification.
I'm a little curious about proving the elements of the crime. Must the prosecutor prove both "without permission" and "for sexual gratification?"

The first element would not be difficult, but does the prosecution have a mind reader to prove the second? There is nothing in the published story to indicate an overt act by the defendant to demonstrate a "sexual gratification" motive.

I'm not even sure that the "without permission" would hold up to a constitutional challange. If you appear in public, no matter what your condition of dress or undress might be, you are subject to being photographed. That is what all the movie celebrities object to when pursued by the paparazzi

In fact, the paparazzi have been known to get photos of celebrities who are on private property, sometimes in a state of full or partial undress, and publish the photographs. First amendment.

:wink:
 
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