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Main Page Target loss prevention requests your assistance involving an unusual incident.
(Click here to view the original thread on the MassCops Message Board)

Posted by: Gil

Yesterday's Results:

Target loss prevention requests your assistance involving an unusual incident. Target received a complaint from a male customer who claims that he was using the urinal in the bathroom when the man using the urinal next to him who appeared to be talking on cellular phone quickly pointed the cellular phone toward the complainant's genitals and snapped a digital photo with his cell phone. The man heard a sound which would indicate a photo was taken and the suspect quickly shuffled out without washing his hands! Target loss prevention has the suspect under surveillance, he is currently in the underwear section of the men's clothing department. What is the strongest action you can take against the suspect based on this fact pattern?

a. nothing, when in public your photo may be taken by anyone 12%
b. summons 44%
c. arrest for a misdemeanor 21% correct
d. arrest for a felony 23%

Justin

Hanrahan Consulting...The New Leader in Promotional Preparation
www.masspromotions.us

The content of this email is copyright protected 2006. Duplication or reproduction of any part or by any means without the express written consent of Justin Hanrahan is prohibited.

Posted by: usaf1199a

When in doubt... criminal complaint. Easy enough.

Posted by: Wolfman

I didn't see the answer for "Kick his pervert ass through his shoulder blades."

Posted by: Mitpo62

Summons. If the knucklehead shows the pics to anyone then it is a felony.

Posted by: 94c

the correct answer is not C.

Posted by: Wolfman

Chapter 272: Section 104. Photographing, videotaping or electronically surveilling partially nude or nude person; exceptions; punishment

[Text of section added by 2004, 395, Sec. 6. See also, Section 104 added by 2002, 435, above.]
Section 104. (a) As used in this section, the following words shall have the following meanings:
“Electronically surveils” or “electronically surveilled”, to view, obtain or record a person’s visual image by the use or aid of a camera, cellular or other wireless communication device, computer, television or other electronic device.
“Partially nude” the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.
(b) Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) Whoever willfully disseminates the visual image of another person who is nude or partially nude, with knowledge that such visual image was unlawfully obtained in violation of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or in state prison for a period of not more than 5 years, or by a fine of not more than $10,000, or by both such fine and imprisonment.
(d) This section shall not apply to a merchant that electronically surveils a customer changing room, provided that signage warning customers of the merchant’s surveillance activity is conspicuous posted at all entrances, and in the interior of any changing room electronically surveilled.
(e) This section shall not apply to a law enforcement officer when acting within the scope of the officer’s authority under applicable law, or by an order or warrant issued by a court.
(f) A sheriff, deputy sheriff or police officer may arrest without a warrant, any person believed upon probable cause to have violated this section.
(g) Any photograph, videotape or other recorded visual image, depicting a person who is nude or partially nude that is part of any court record arising from a prosecution under this section, shall not be open to public inspection and shall only be made available for inspection by court personnel to any law enforcement officer, prosecuting attorney, defendant’s attorney, defendant, or victim connected to such prosecution, unless otherwise ordered by the court.
(h) A justice of the superior court or district court in a prosecution under this section may issue appropriate orders to restrain or prevent the unlawful dissemination of a person’s visual image in violation of this section.

Posted by: 94c

where's the intent to "secretly conduct or hide such activity" If you standing in the open at a urinal with a camera phone in your hand?

Unless you were raised in a cave then you must be familiar with camera phones.

I would like to appeal that question.

Posted by: Wolfman

Quote:

the man using the urinal next to him who appeared to be talking on cellular phone quickly pointed the cellular phone toward the complainant's genitals and snapped a digital photo with his cell phone.

...as opposed to the perv turning and pointing the phone at you while declaring, "Say Cheese!"

Still ought to be an ass-kicking in one of the responses. I would call that the "strongest action".

Posted by: 94c

Quote:

Originally Posted by usaf1199a

When in doubt... criminal complaint. Easy enough.

In the police world, yes. But the exam always asks you for the "strongest action".

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