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I said it earlier in the discussion on the case here, there is what is known as "attempt to photograph nudity or partial nudity" (and that was what this person was charged with). In all likelihood, a person who placed a camera in a public restroom or who was snapping pictures under stall doors would be charged with this, even if no one was actually nude in their photos because the attempt was made. It is about an attempt to do this from a reasonable person standpoint. Would the man simply have deleted a pic he got if it did show nudity? If the answer is "no" (and a reasonable person can easily conclude that it would be), then he was attempting to photograph nudity or partial nudity (without permission) and should be guilty under that law. Just because he failed in those three attempts where complaints were made, doesn't mean he wasn't attempting to do so.