No law to address "upskirt" pictures

FORT WAYNE, Ind. (WANE) - A video store manager in Ashley, Indiana is accused of taking "upskirt" pictures of female customers; including a 10-year old girl.

One of at least three complainants is Ed Morrow. He said his daughter Abby Morrow, 10, was at the store with her uncle Thursday, when A-HEC Video Game and DVD Rentals' manager 'Butch' Miller got a little too close.

"I kept walking away from him (Miller), but he kept following me," said Abby Morrow. She added, Miller allegedly slipped his cell phone between her legs and snapped a picture. "I was glad I was wearing a skort, because I saw him crouching down beside me and I saw him with his phone."

Her father wasn't as relieved. He confronted Miller and asked to see his cell phone. According to Morrow, Miller handed it over, revealing several inappropriate pictures of women. Morrow called the Ashley Police Department and found he wasn't the only complainant.

"We had had three different occasions where allegations were made," said Ashley Police Department Deputy Chief Garry Osborn.

The department has begun an investigation into all three incidents.  Officers confiscated Miller's cell phone and computer hardrive. Police won't comment on what they found, because it is still an active investigation. All of the evidence was turned over to the Dekalb County prosecutor.

But according to Osborn, unless there is nudity or it can be proven the pictures were sold, the prosecutor can't press charges.  "There's no statute that covers that type of behavior."

Morrow said he called the Attorney General and the Indiana State Police; each department told him there was no state statute related to taking upskirt pictures in public. "It feels bad. And when you can't do anything about it, it feels even worse," said Morrow.

Newschannel 15 contacted the Dekalb Co. Prosecutors office. Staff told us, they have looked over Indiana law codes repeatedly, including IN code 35-45-4-5 which defines voyeurism. They say the "Voyeurism" statute doesn't apply in this case, because it allegedly happened inside a store, not a shower or bathroom. And the "Invasion of Privacy" statute doesn't fit either, because there was no restraining order at work in Miller's alleged case.

However, Morrow said Miller did receive a battery charge for brushing up against Abby Morrow during the alleged incident.

NewsChannel 15 went to the video store where Miller works and asked him about the allegations. He denied the allegations, and added he hasn't heard from police about any inappropriate pictures.

Morrow and his close friends are boycotting the store. He feels that is all he can do until the law changes.

State Representative Tom Wyss (R) is the driving force behind Indiana's most recent voyeurism laws. When NewsChannel 15 contacted him about Morrow's story, he was surprised the current code doesn't include taking "upskirt" pictures in public. "This is the problem that we've got with technology today. It's much faster than what we can do with the laws to make sure that the laws apply," said Wyss. He added, he'd be open to talking with the Dekalb Co. Prosecutor to start re-working the code."I think it's a crime, and we'll make it that."

Wyss says after gathering details from the prosecutor, he'll need to work with the Prosecuting Attorneys Council to come up with new legislation. Only then, he says, can he introduce a new law, which he hopes to do at the beginning of the next session in January 2010.