Police have been forced to release a man who admitted taking upskirt photos of an airline stewardess on his flight after it transpired they could not work out which prefecture he was flying over when the crime took place.
The 34-year-old CEO was on a domestic JAL flight over Japan when he decided to engage in some illicit in flight entertainment of his own, and used a micro-camera concealed inside a ball-point pen to take upskirt photographs of one of the stewardesses.
This was discovered, and when the plane landed at a Tokyo airport he was immediately taken into custody by airport police, and was was formally arrested the same day and admitted the charges. A search of his home PC turned up numerous photographs of a similar nature.
However, when police attempted to press charges of voyeurism against him under Tokyo’s anti-nuisance ordinances, their case fell apart in court after witness reports suggested the plane was actually over Hyogo prefecture when the offences took place.
Although his antics would be prosecutable in any of the prefectures he flew over, as the plane was travelling at high speeds authorities could not determine which jurisdictions it was in when the offences took place, they had no option but to drop the charges.
He was subsequently released without charge, much to the utter humiliation of the police.
The brilliant legal shenanigan involved appears to be the fact that almost all of Japan’s anti-pervert legislation is enacted in the form of differing prefectural ordinances, not national laws.
Consequently violating a national law anywhere over Japan might only present a minor jurisdictional issue as the crime would be the same, but with chikan-related offences both the law violated and the penalties would differ depending on the prefecture the offence took place in, prefectural lawmakers apparently having not yet caught up with the reality of powered human flight.
Online there is a great deal of interest in the case for some reason:
“So you could do it like that…”
“What a great idea!”
“Just you wait, stewardesses!”
“Oh come on… how can you allow this?”
“They have him bang to rights and they couldn’t work out where the crime took place – are our police completely retarded or what?”
“I don’t know whether you’d blame the police or the law for allowing this.”
“At least they can still get people for murder and hijacking, I guess.”
“Expect a sudden boom in air-chikanery – passenger numbers will increase and airlines will profit!”
“This loophole is amazing…”
“What happens if you do this stuff over the high seas then?”
“I am amazed there is nothing else they can charge him with.”
“It is pretty surprising they’d leave laws like this up to local politicians.”
“It’s because it is a prefectural ordinance, they can still arrest people in airplanes for it, just they need to know where it actually took place. Lot of people here seem not to grasp this…”
“The laws and penalties for this in Hyogo, Fukushima, etc, all differ, so it’s a serious legal issue.”
“If they could actually enforce local prefectural ordinances on anyone anywhere in the country it would be the end for this country, so be thankful.”
“It should be simple to calculate his position from the time he was found to have taken the photos.”
“Come on! There is a limit even to the level of incompetence civil servants can expect to get away with!”
“So peeping is legal in the airs, as determined by legal precedent!”
“Expect all the cabin attendants to be wearing trousers soon…”
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Pervert: 1 Police: 0
That’s…Genius…
*plans flights all over Japan*
Not genius, the police and airlines apparently cannot operate the GPS in the plane.
Just use a chaff grenade.
You could just foil use of the GPS/Radar records by using a device with no file timestamps. Thus the creation time would be set to the time they were uploaded to a computer.
Even if caught in the act, they'd have no clue as to exactly when they were taken as they might not have taken one at that moment.
They didn't have his IP address!!!
... you seem to be under the misunderstanding that GPS and radar records are maintained in the first place.
This is probably what happened.
Can I join you sir?
lol instead of paying for a ticket you could just get some health delivery for the same price
Same here.
I'll never get what's so great about upskirts...
"...It's the peeping that gives it it's flavor..." -- Mr. Yotsuya from Maison Ikkoku
The best part is the embarrassment of the girl, right?
You have to be heterosexual to understand.
I'm heterosexual and I still don't understand the fetish. I've never understood why some people get so excited over underwear, its whats underneath that I care about. Even the occasional sans-panties upskirt is rarely worth bothering with since most women don't stand/walk with their legs far enough apart to actually see the goodies.
Well sexy underwear on a girl IS hot, but 1) They don't wer that sort of stuff in public most of the time. 2) Why bother taking photo with a 0.5 megapixel pen camera when you can get the same stuff on the internet + if you are CEO of a big company, you can just get some hookers or something and take pictures of them without the fear of getting caught.
I still remember the only upskirt peek I've had in my life (over 6 years ago), so there must be something to it.
This person needs more shimapan pictures!
Well sexy underwear on a girl IS hot, but 1) They don't wer that sort of stuff in publick most of the time. 2) Why bother taking photo with a 0.5 megapixel pen camera when you can get the same stuff on the internet + if you are CEO of a big company, you can just get some hookers or something and take pictures of them without the fear of getting caught.
I think you might be turning gay, but that's just my 2 cents!
Nope. Until you've actually seen up a skirt, you don't know its contents.
You havew to be an ugly virgin to understand
What about an ugly guy with a lot of money!
Too true. Upskirt crap is pretty juvenile, but then again, japs are childish.
Also, lol @ ugly virgins down voting.
22:38 It's more a psychological thing. Physical act itself does not always turn a boy into a man. For some people, never.
Yea I don't think all these rich CEOs of companies taking upskirt shots are virgins.
Damn that guy must have a good lawyer.
The japanese police is useless.
Miniature camera in ball point pen
Shit is high tech
Upskirt photos are serious business
I ordered one out of a catalogue for about $69 3 or 4 years ago. It can take pictures or AVI video with sound (one hour & 20 minutes tops).
That's ridiculous. Surely A) the court would have said that there's no difference no matter where he's charged, except maybe sentencing, and B) surely the photo had a timestamp?! Unless you're going to tell me it was taken on film. It should easily be possible to figure out an aircraft's location at a known time.
A more practical measure would be to set a precedent where the plane is considered part of one prefecture's jurisdiction for the duration of the flight. No need to work out its geographical location at that point.
This already happens for international flights. For the duration of the flight, everyone on board falls under the so called "state of registry". It's a very handy principle which avoids legal loopholes such as this one.
If the precedent already exists, it baffles me even more that they couldn't seal the deal. It actually makes me suspect corruption rather than an inability to litigate properly.
The precedent is for international flights though, this one was domestic, they most likely don't have any laws addressing this. On the other hand there are international laws and agreements or at least acceptance for the international cases.
It's not that easy. You'd have to get the flight data recorded on the plane.
In the air it's you can't just do a simple s=v*t because you don't know v exactly. They use pilot tubes to calculate a velocity based on air pressure. But the accuracy of that sensor obviously changes with airflow direction. So the only "exact" way is GPS data. And the plane probably was just refueled and left the airport in an hour or 2.
The cam probably didn't even have a clock. And even if it did, a few minutes off could mean another Prefecture already.
In the end they just didn't secure evidence. In that situation they probably didn't even think of going through the flight records.
Actually, I'm pretty sure flight computers record the plane's position during flight. All you need to do is dump the data and analyze it in a spreadsheet or a script interpreter.
Pitot tubes, not pilot tubes.
"micro-camera concealed inside a ball-point pen to take upskirt photographs of one of the stewardesses" Now this is some super villain shit right there.
...Normally in cases like this, the plane when in flight, should be under the jurisdiction of either the departure location or the arrival location, not whichever place is underneath at the moment.
Can't they just like... use algebra? Find out how fast the plane was going and what time it was?
Sweet! This is going to encourage setting up of flying supersonic maid cafes so that only the national age of consent is applicable.
Awesome reserve one of the first tickets for me!
Didn't several groups already try that.
if they had charged the guy guilty, it would have meant a decline of pens with camera, after all what other use would really make it worth to build such a camera?
so the police had to release the guy in order to preserve the economy.
only in japan
They could just make all criminal offenses whilst en-route go under the jurisdiction of national law. This includes trains as well.
well he should be in the jurisdiction of either the city he flew from or the one he landed, that isnt really important, but not in the city he flew over at that moment, thats shitz.
This man is a genius.
Genius.