Comments on: Upskirting Okay in Oklahoma http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/ Thirteen Years Of Telling It Like It Is In Oklahoma Sun, 04 Dec 2011 00:18:22 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Wayne http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/comment-page-1/#comment-575 Wayne Wed, 21 May 2008 03:05:39 +0000 http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/#comment-575 I have a suggestion of sorts. Get all of the under 18 year old ladies to go commando when they wear skirts, and then the Child Pornography statute will take effect. Yeah, I know, it's a stupid idea. Girls, wear pants until the legislature gets their act together. I have a suggestion of sorts. Get all of the under 18 year old ladies to go commando when they wear skirts, and then the Child Pornography statute will take effect.

Yeah, I know, it’s a stupid idea. Girls, wear pants until the legislature gets their act together.

]]> By: dawn http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/comment-page-1/#comment-481 dawn Mon, 31 Mar 2008 17:20:06 +0000 http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/#comment-481 This is one of the times when a girls brothers, father, or uncles should find the guy and have a little "discussion" with him on appropriate behavior toward women. That's one of our biggest problems in society now. The husbands, fathers, brothers and uncles are more than willing to sit on their asses and act like a bunch of sissies, while perverts like this guy only get a slap on the wrist from the courts. This is one of the times when a girls brothers, father, or uncles should find the guy and have a little “discussion” with him on appropriate behavior toward women. That’s one of our biggest problems in society now. The husbands, fathers, brothers and uncles are more than willing to sit on their asses and act like a bunch of sissies, while perverts like this guy only get a slap on the wrist from the courts.

]]> By: Harmon http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/comment-page-1/#comment-476 Harmon Thu, 27 Mar 2008 23:09:37 +0000 http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/#comment-476 The girl was 16 years old. Oklahoma's lewd acts statute, 21 O.S. 1123, applies only to children under 16. Manufacturing child pornography applies to making pictures or movies of any child under 18. However, Oklahoma defines child pornography as pictures or movies of sexual acts or of the "uncovered genitalia". So an upskirt picture of a girl's underwear would not qualify because the genitalia are covered. The Oklahoma County DA's office is working with the legislature to change that and other aspects of the child pornography statute. Think all that doesn't make sense? How about this - In 2005, OCCA (Oklahoma Court of Criminal Appeals) reversed an almost identical case that had been prosecuted as Outraging Public Decency. ("[Walmart] security personnel believed Appellant was taking pictures by placing the PDA, which contained a camera, between the legs of women wearing skirts, unbeknownst to the women.") Cornelius v. State, M-2004-0255 (Okl.Cr. 2005). In Cornelius, OCCA held that the State should not have prosecuted the Defendant under the Outraging Public Decency statute but instead should have charged him with the Use of Clandestine Video Equipment statute, 21 O.S. 1171(B), which is exactly what the Tulsa Co DA's office did in the Ferrante. Apparently, OCCA has now decided that statute does not fit either. The girl was 16 years old. Oklahoma’s lewd acts statute, 21 O.S. 1123, applies only to children under 16. Manufacturing child pornography applies to making pictures or movies of any child under 18. However, Oklahoma defines child pornography as pictures or movies of sexual acts or of the “uncovered genitalia”. So an upskirt picture of a girl’s underwear would not qualify because the genitalia are covered. The Oklahoma County DA’s office is working with the legislature to change that and other aspects of the child pornography statute.

Think all that doesn’t make sense? How about this – In 2005, OCCA (Oklahoma Court of Criminal Appeals) reversed an almost identical case that had been prosecuted as Outraging Public Decency. (“[Walmart] security personnel believed Appellant was taking pictures by placing the PDA, which contained a camera, between the legs of women wearing skirts, unbeknownst to the women.”) Cornelius v. State, M-2004-0255 (Okl.Cr. 2005).

In Cornelius, OCCA held that the State should not have prosecuted the Defendant under the Outraging Public Decency statute but instead should have charged him with the Use of Clandestine Video Equipment statute, 21 O.S. 1171(B), which is exactly what the Tulsa Co DA’s office did in the Ferrante. Apparently, OCCA has now decided that statute does not fit either.

]]> By: dawn http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/comment-page-1/#comment-465 dawn Thu, 20 Mar 2008 21:47:35 +0000 http://bubbaworld.com/2008/03/12/upskirting-okay-in-oklahoma/#comment-465 Wait a minute. If this girl lifted her OWN skirt in a store, showng her underwear (or whatever) she would be charged with indecent exposure, right? Besides, she was underage, a minor. Doesn't THAT constitute certain charged in of itself? Something like lewd, lascivious behavior toward a child? Wait a minute. If this girl lifted her OWN skirt in a store, showng her underwear (or whatever) she would be charged with indecent exposure, right?

Besides, she was underage, a minor. Doesn’t THAT constitute certain charged in of itself? Something like lewd, lascivious behavior toward a child?

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