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IN: Crime to surreptitiously videotape one?s fiancee naked?

By Alliance Alert

Chiszar v. Indiana, No. No. 91A04-1004-CR-290 (Ind. App. Oct. 29, 2010) "It is the nature of the looking that is at issue here. The 'looking' that is proscribed under the statute is 'any looking of a clandestine, surreptitious, prying, or secretive nature.' There can be no reasonable purpose for that kind of looking since, by definition, it is without the other person?s knowledge, and, therefore, it is without the other person?s consent. To look at someone in a clandestine or secret manner is to hide that looking from the other person, and it is that act that is proscribed by the statute. We hold that individuals of ordinary intelligence would comprehend the statute adequately to inform them of the proscribed conduct and that the statute is not unconstitutionally vague."

Full post as published by Constitutionally Correct on November 01, 2010 (boomark / email).