'Upskirting' A Felony Or Misdemeanor Depending On 'Expectation O - NewsOn6.com - Tulsa, OK - News, Weather, Video and Sports - KOTV.com |

News

'Upskirting' A Felony Or Misdemeanor Depending On 'Expectation Of Privacy'

Posted: Updated:
BROKEN ARROW, Oklahoma -

An upskirting victim is outraged after learning a man who took a picture up her skirt at Walmart was charged only with a misdemeanor.

He pleaded guilty and got a deferred sentence.

Now, the victim is challenging lawmakers to update the law and better protect women.

The law is all about an expectation of privacy. It says if you're in a place where you have a reasonable expectation of privacy, like a dressing room, bathroom or tanning salon, and they take a picture, it's a felony.

But, if you're somewhere out in public, you have a less expectation of privacy. It's still illegal, but, if a picture is taken there, it's a misdemeanor.

Police say surveillance video shows James Bobbitt inside the Broken Arrow Walmart in April.

3/30/2018 Related Story: Surveillance Video Released In BA Walmart Upskirt Photo Incident

One woman says she was shopping when someone told her Bobbitt had taken a picture up her skirt. The woman, Sheila, notified an employee and chased Bobbitt as he ran into the bathroom.

She says he apologized and told her he deleted the picture.

Customers got his tag number, which led to his arrest, and prosecutors charged him with misdemeanor peeping tom.

"I was very mad," Sheila said.

She believes women have an expectation of privacy up their clothes no matter where they are, and she believes the law needs to be changed to make peeping tom always a felony.

"Everyone is outraged," she said.

Assistant Tulsa County District Attorney Kenneth Elmore said, “As gross as it sounds, as bizarre as it sounds, that, ‘Hey, if she wears a skirt in public,’ she has less of an expectation of privacy.’"

Sheila's main concern is history shows peeping toms often repeat their crimes and often escalate to worse crimes like rape, so, she's called lawmakers and is ready to start a petition, if need be, to get the law changed.

"I look to these lawmakers to say what message are you sending to your daughters," she said.

Also, anyone convicted of peeping tom, even the felony version, currently, does not have to register as a sex offender no matter how many times they've done it.

Special Features

Live Traffic

Get the latest road conditions on Green Country roadways.

iPhone App

Get breaking news, weather, sports & video directly on your iPhone.

CBS Shows

Watch your favorite CBS shows for free online.

Links

Looking for a website or event you heard mentioned on News On 6? Find it here!

TV Schedule

Need to know what's on TV? Check out our television schedule.

Live Radar

WARN Interactive

Special Coverage

  • Bridge Tracker

    How safe are Oklahoma's bridges? Use Bridge Tracker to find out now.

  • Fallen Heroes

    News On 6 honors our fallen Oklahoma heroes. View our interactive timeline.

  • Murrah Bombing Timeline

    Learn more about the events leading up to and following the bombing.

  • Storm Zone

    Watch tornadoes tear across Oklahoma and learn how to stay safe!

Powered by Frankly
News On 6
303 N. Boston Ave.
Tulsa, OK 74103
Newson6.com is proud to provide Oklahomans with timely and relevant news and information, sharing the stories, pictures and loves of Oklahomans across our great state.
All content © Copyright 2000 - 2018 KOTV. Oklahoma Traveler™ is a registered trademark of Griffin Communications. All Rights Reserved.
For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.