MIDDLETOWN, Ohio (AP) — An Ohio appeals court has overturned an attempted voyeurism conviction of a man accused of pointing a smart phone at a topless woman in a Middletown tanning salon as if to take a picture or video of her.
Defendant David Reuss (Roos) successfully argued the law he was convicted under prohibits photographing a victim under or through clothing but says nothing about a person already undressed.
The 12th Ohio District Court of Appeals said in its ruling it also couldn’t be proved that Reuss attempted to photograph the woman since there was no evidence the camera was actively recording her and no images were recovered.
Judge Robin Piper urged the General Assembly to update state law by simply making it illegal to surreptitiously record people nude without their consent.
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