Elements of Crime Memo

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Liberty University *

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Law

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Feb 20, 2024

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docx

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Adriana Ciacciarella Criminal Practice and Procedure Law Professor Ongcapin Esq. February 10, 2024 Re: Analysis of Invasion of Personal Privacy - FRS 132:400 Elements of Crime Memorandum Introduction This memorandum addresses how statute FRS 132:400 applies to the facts presented in a police report written at a local Target shopping center by the Franklin County Sheriff's Department on May 5 th , 2018. The report is in regard to defendant Joseph Scum, who has a date of birth of April 18, 1975. The specific offense in question is the invasion of personal privacy, as outlined in the statute. The analysis will focus on whether all elements of the offense have been met and whether prosecution should proceed. Facts On May 8, 2018, at 1504 hours, Cpl Wiggins received a call reporting a man in the local Target who was caught by Target security using a cell phone to take pictures of a young girl in the store. Upon arrival at the scene at approximately 15:10, Wiggins found the suspect Joseph Scum, in the custody of store security personnel. Target security officer Jones informed Wiggins that he had
observed Mr. Scum on the CCTV system walking the store aisles without making any purchases. Initially suspecting shoplifting, Officer Jones paid closer attention due to his suspicion and witnessed Mr. Scum following a young girl, later identified as Susan Williams, DOB 06/05/2005, in the toy section. Susan, who was wearing a dress and browsing at items when Mr. Scum stood next to her, bent down, pretended to tie his shoe, and quickly used his phone to take a picture under her dress. Officer Jones promptly left the CCTV booth and confronted Mr. Scum. He escorted Mr. Scum back to the security office, where he seized the phone. Jones advised Mr. Scum of his Miranda rights and sought consent to search his phone, which he willingly provided. Upon examining the phone, Jones discovered a photograph taken under the dress of Susan Williams. The photo clearly showed the black underwear of the girl and was taken without her consent. Mr. Scum admitted to taking the photo, stating that he "was sick and needed help." The store security personnel located the girl and her mother, who both expressed the desire to ensure Mr. Scum was prosecuted. Consequently, Wiggins placed Mr. Scum under arrest for a violation of ORS 163.700, and the case is now referred for prosecution. Application of FRS 132:400 to the Facts It is said that an invasion of privacy class a misdemeanor can be proven if, “the person knowingly makes or records a photograph, motion picture, videotape, or other visual recording of another person in a state of nudity without the consent of the person being recorded or, at the time the visual recording is made, the person being recorded is in a place and under circumstances where the person has a reasonable expectation of personal privacy.”
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