REDUCED | SURREPTITIOUS PHOTOGRAPHING REDUCED to “attempt” with probation and zero jail – State v. Mr. F. (DMC No. 4737) (Maricopa County Superior Court CR2004-010581): Mr. F. was at home one day when he heard the neighbors dog barking frantically. When he looked over the wall, the 18 year old neighbor came outside with no clothes on. He discovered she would often engage in this behavior, and he took several photographs of her over the next 6 months with his camera over the wall. When he dropped the roll of film off at the local drug store, they notified police. He openly told police he didn’t realize it was illegal because he thought she was in public view. It was explained that because he had to peer over the wall (i.e., above eye level), it was illegal. Although the neighbor was highly upset, we were able to secure a plea to a simple “attempt” with probation and zero days of jail. Mr. F. was not required to register as a sex offender.
