Case against man accused of taking up-skirt pics in jeopardy

Appeals court claims crime is unconstitutional; Victim seeks justice

A man was arrested over the weekend on suspicion of improper photography. A New Braunfels woman caught him taking pictures up her dress at The Shops at La Cantera on Friday. 

But nearly as quickly as bystanders took him into custody, he was back on the streets because an appeals court said the crime itself is unconstitutional.

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The victim, who did not want to be identified, said she feels violated.

"I was informed that there were in fact pictures of me on his phone, along with other women, which means he's exposed many people," said the victim.

While the Bexar County District Attorney's Office appeals a court ruling that said the improper photography law was unconstitutional, the case waits for a grand jury review.

"If somebody exposes somebody the way he exposed me, he should be prosecuted, and he should be charged for what he did," said the victim.

Her fiance, who also wanted to conceal his identity, is also very concerned.

"It's not being investigated, it's not being looked at, evidence could be lost, his cellphone could no longer be in evidence, it could have been released back to him where evidence could be lost," said the victim's fiance.

"I thought the law would protect me, but the way it's written right now, the law's not protecting me," said the victim.

The victim said she's just started to fight and plans on reaching out to lawmakers and the district attorney to make sure people like the man caught on video are brought to justice for what they have allegedly done.

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