Elements of Crime Assignment
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Liberty University *
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PLST 230
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Law
Date
Feb 20, 2024
Type
docx
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2
Uploaded by Truck_Girl90
Element of Crime Memorandum
TO: Benjamin Kontaxes FROM: Jessica Klein
RE: Joseph P. Scum- Franklin County Sheriff’s Office Offense/Incident Report
DATE: February 7, 2024
ISSUE: Statute FRS 132:400 defines the elements of invasion of personal privacy. Does the matter described in the Crime/Incident Report meet the elements of invasion of privacy to warrant prosecution?
BRIEF ANSWER: The case that Joseph P. Scum has against him meets the elements of the invasion of personal privacy offense outlined in statute FRS 132:400. The prosecution of Mr. Scum should proceed.
FACTS: The suspect is Joseph Scum, a 60-year-old male that was caught taking a photograph under a 13-year old’s dress while she was shopping in Target with her mom. Security at Target was monitoring Mr. Scum, as they thought he was a shoplifter as he was walking around the store without making any purchases. Security Officer Jones was watching Mr. Scum and noticed he was following, Susan Williams, a 13-year-old minor, who was looking at dolls in the toy section of the store. Mr. Scum got close to her and bent down like he was going to tie his shoe but instead got a picture under her dress. Security Officer Jones promptly left the security room and went directly to Mr. Scum. He took him back to the security room and took the phone. When
Officer B. Fife arrived, Mr. Scum was read his Miranda rights. Officer B Fife was granted
permission to look at Mr. Scum’s phone, which he saw the picture that was taken under the minor’s dress. Mr. Scum admitted to taking the picture and said that he was “sick and needed help”. Susan Williams and her mom were located and advised as to what happened. Her mother wanted Mr. Scum prosecuted so he was immediately arrested.
DISCUSSION: The elements of the crime of invasion of privacy as listed in FRS 132:400 have been met. Subsection (a)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without consent
of the person being recorded. This was meet because Mr. Scum took a picture under Susan’s dress without her knowledge. Subsection (B) At the time the visual recording is made or recorded the person being recorded is in a place and circumstances where the person has a reasonable expectation of personal privacy; and (B) The person is in a place and circumstances where the person has a reasonable expectation of personal privacy. This took place at Target, which is a public place, specifically in the toy section where children are usually at. Susan Williams had this expectation of privacy because she was fully clothed in the area where children usually go. Section (b)(A) Mr. Scum took the picture for his own indulgence. As Miss Williams is a minor, she cannot consent to the picture and it was also taken without her knowledge and her mother’s.
CONCLUSION: After reviewing the facts of the case and the elements that needed to be met, there is enough evidence for prosecution of Mr. Scum for invasion of privacy.
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