Charges against Brian Presken, 32, of Florida have been dismissed. Presken used a mirror to look under a woman's skirt at a Barnes & Noble in Pensacola last Summer. His attorney did not argue that he was innocent, but that the victim had no expectation of privacy in a public space.
Defense attorney Katheryne Snowden argued that the voyeurism charge should be dropped because Presken's accuser didn't have a reasonable expectation of privacy in a public place under Florida law.Judge George J. Roark III agreed and dismissed the case. Assistant State Attorney Greg Marcille stated that while he does not plan to appeal this decision, he will ask the Legislature to consider amending the statute during the next session to include incidences such as these. Marcille also intends to move forward on a disorderly conduct charge that is still pending against Presken.
The law under which Presken was charged states, 'It is illegal to secretly observe someone with lewd, lascivious and indecent intent in a dwelling, structure or conveyance, and when such locations provide a reasonable expectation of privacy.'
It appears that this lack of protection under the law is a widespread problem. If you know of similar instances please contact your representatives to lobby for a change.