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| Taking Clandenstine Photographs |
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Durant v. State,
2008 OK CR 17 (May 23, 2008): 1. Taking Clandestine Photographs; 2. Statutory Construction: Durant was convicted at a bench trial before the Hon. Twyla Mason Gray of Taking Clandestine Photographs in violation of 21 O.S. sec. 1171(B), after former conviction of one felony. He was found guilty and sentenced to six years, provided that upon completion of certain behavioral programs the balance would be suspended. The allegations were that Durant hid a digital camera in his backpack and positioned it to take up-the-skirt photographs of a woman at a local community college. HELD: REVERSED on the grounds that these actions were not criminal because they occurred in a public place. This opinion contains some good language on statutory construction, including the principle that criminal statutes are to be strictly construed and also an application of "ejusdem generis" whereby interpretation of the statute is guided by specific examples found in the statute.
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