Over the last couple decades, technology has made great leaps. Computers are smaller, phones are wireless, cameras are everywhere and it's all relatively cheap. With this technology, society has changed. People are more connected. A person's every move can be tracked and recorded by social media. Events are documented by cell phone cameras and high quality video. For many, this technology has been a welcomed change. However, some in Oregon are calling for stricter laws to protect people against the misuse of technology.
While technology has been rapidly advancing, the laws surrounding the use and misuse of technology have not been as quick to change. Therefore, many claim there are gaps in the law that have left people -- and their right to privacy -- unprotected. However, these so-called gaps provide important criminal defense strategies for those accused of using technology in a harmful way.
For example, in a recent case in Portland a man was accused of using a cell phone camera to take pictures under the dress of a 17-year-old girl. According to police, the man had been taking these pictures at a crowded Christmas bazaar. Although, he was stopped by an angry mob after supposedly being discovered, police eventually released the man without criminal charges because what he was doing is not covered by any Oregon law.
This case is important to those who have been accused of criminal behavior because it shows that not everything is actually a crime. Just because people may not like the behavior, does not mean the person should face criminal charges. Those facing arrest by police should make sure that part of their criminal defense is to determine if a law actually prohibits a particular behavior -- particularly if technology is involved. In some cases, police may have no choice but to drop charges or release a person.
Source: KBOI 2, "Video Voyeurism: No clear cut law it's a crime," Chelsea Kopta, Dec. 10, 2013
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