Oregon Judge: Taking "Upskirt" Pictures Is Totally Legal

Illustration for article titled Oregon Judge: Taking Upskirt Pictures Is Totally Legal

An Oregon judge acquitted 61-year-old Patrick Buono who admitted to taking "upskirt" photographs of a 13-year-old girl.


The girl was shopping at a Target store in suburban Portland as Buono followed her through the store, snapping pictures. The 13-year-old didn't notice Buono's invasive actions, but another woman did and reported him to store management. Surveillance video recorded Buono in the act.

The New York Daily News reports:

Prosecutors accused Buono of attempting to engage in criminal conduct and charged him with invasion of privacy and attempted encouraging child sex abuse.

Washington County Deputy District Attorney Paul Maloney said the girl, now 14 and testified against Buono in court, was shocked by the incident. He said he was disappointed by the judge's decision.


Buono's lawyer filed for an acquittal, which was granted because there are no Oregon laws that address the legality of "upskirt" photographs. That's right, following a teenager girl though a store, while taking pictures she did not consent to is totally legal in Oregon (and almost every other state).

But don't worry, Buono "did not deny it and he feels real bad about it too, by the way," his lawyer said.

Image via Shutterstock.

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I know the judge in this case and he hates that he had to make this decision. But it is consistent with the laws on the books right now - which were enacted before cellphones with cameras existed. However, my understanding is that there is a bill being introduced this legislative session to fix this issue so the state can successfully prosecute creepers like this guy in the future.