I am the one everyone goes to look this stuff up.
So this time, I have a friend who was arrested for taking an upskirt picture in a crowded mall on an escalator. He knows he was wrong, and admits that he should have been punished. However, the term in the law that was used against him in it"reasonable expectation of privacy" does not exactly apply in this situation. He has dont his time, and paid his fines.
He however, got labeled as a sex offender over a misdemeanor charge, andit is not affecting just how people look at him, but where he can live, and who will hire him. Seeing as how a crowded mall during a traveling county fair setup is considered public domain, My question is how we should go about trying to get if nothing else, the life time registration requirement dropped.
The offence was in Pennsylvania, and he currently lives in North Carolina.
Thank you in advance for any advice you can give me.
He would need to get an answer from a PA attorney as the laws there would control.
While I normally tell people you don't have an expectation of privacy in public...women actually do have an expectation that men are not looking up their skirts and taking pictures. Unless the woman lifted her skirt and showed the mall, she did not
Getting the conviction overturned is not likely...but if the law does allow for him to be removed from the list at some point, he will need a PA attorney to confirm.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline