July 20, 2016—Professor Eugene Volokh commented in the Atlantic Journal Constitution on a recent conclusion by the Georgia Court of Appeals that the state cannot prosecute cases of ‘upskirting’-- the surreptitious videotaping of a person’s private parts in a public place—under the decades old invasion of privacy laws in place in Georgia.
“This was obviously bad, bad behavior and it’s behavior that can be criminalized,” he said. “But under Georgia law, it’s not a crime because it didn’t occur in a private place. A private place could clearly be a closed stall inside a restroom or somewhere inside someone’s home. [Referring to a specific case of upskirting] But it’s not a public grocery store.”