Elements of Crime Memo
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Feb 20, 2024
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Uploaded by CommodoreSnowSquirrel31
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.”
The police report indicates that Joseph Scum knowingly made a visual recording under the dress
of Susan Williams, without her consent, in a location where she had a reasonable expectation of
personal privacy in the toy section of a local Target store. Therefore, it can be argued that the
elements of Subsection (a) have been met.
Also in part B and subsection (b) it states that, “ for the purpose of arousing or gratifying the
sexual desire of the person, the person is in a location to observe another person in a state of
nudity without the consent of the other person, or, the other person is in a place and
circumstances where the person has a reasonable expectation of personal privacy.” Which the
report also suggests that Mr. Scum's actions were intended for the purpose of sexual
gratification, as he admitted to Officer Jones taking the photo and expressed that he "was sick
and needed help." Susan Williams was in a location within the store where she had a reasonable
expectation of personal privacy, which meets the elements of Subsection (b).
Conclusion
Based on the analysis and the facts outlined in each section and subsection for FRS 132:400, it is
evident that all elements of the offense of invasion of personal privacy have been met in this
case. Given the admittance of the defendant Joseph Scum's actions falling within the purview of
both subsections (a) and (b) of the statute, it is further recommended the prosecution proceed in
this case for invasion of personal privacy under FRS 132:400. The offense is classified as a Class
A misdemeanor according to the statute.
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