Man uses pantyhose defence in appeal of upskirt conviction

BRIDGEWATER, N.J. – A court denied the appeal of a man convicted of taking upskirt videos at a grocery store who argued the victim wasn’t exposed because she was wearing pantyhose.

Joshua Nicholson, of Bridgewater, filed the appeal after being convicted in 2013 following his guilty plea to invasion of privacy, NJ.com reported (http://bit.ly/2eHMIpW). In the appeal, he argued the woman’s private areas were not exposed beneath her dress because she was wearing pantyhose.

The appellate panel rejected his position Thursday, saying the woman’s thighs and buttocks still were visible through the sheer pantyhose.

The court also rejected Nicholson’s application for admission into pre-trial intervention.

A security officer noticed Nicholson acting nervously at a supermarket in Bridgewater, according to the court decision. The officer reported he saw Nicholson take out his cellphone and place it under a woman’s skirt twice without her knowing.

A security officer stopped Nicholson before he could exit the store.

When interviewed by police, officials say Nicholson told officers he went to the store for the purpose of recording an upskirt video for his own sexual gratification.

Nicholson was sentenced to two years’ probation and fined $1,000. He also was ordered to undergo a psychological evaluation.

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Information from: NJ.com, http://www.nj.com