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A grand jury indicted Gary on a single count of "Unlawful Eavesdropping and Surveillance," and he was found guilty at a bench trial in Superior Court. Shooting cellphone video beneath a woman's skirt without her permission is legal in Georgia, according to a recent ruling by the Georgia Court of Appeals. Georgia law makes it illegal for "[a]ny person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view. Read more local news from Alpharetta-Milton. In Gary's appeal, in which he asked for a new trial, he argued he hadn't broken the law, since the woman he shot video of was in a public place.

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Kristen. Age: 25.
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In a case out of Perry, a central Georgia city near Macon, Brandon Lee Gary was convicted of a single count of criminal invasion of privacy.

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Esperanza. Age: 30.
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Court: Shooting 'Upskirt' Videos Of Women Is Legal in Public Places

Instead, the court said, its decision hinged upon whether the wording of state law made his actions criminal. You're now signed up for local updates. Daily Newsletter The latest Alpharetta-Milton news delivered to your inbox every morning. While working at a Publix grocery store in Houston County, Gary repeatedly aimed his cellphone camera underneath the skirt of a female customer and recorded video.

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