A Wisconsin appeals court said Tuesday that people do not automatically have the right to videotape others who are naked in their presence.
The 4th District Court of Appeals made the ruling in the case of a former Waunakee High School chemistry teacher who videotaped his girlfriend while she was naked and also while they were having sex.
Mark Jahnke argued that because his girlfriend agreed to be naked around him, she had no reasonable expectation of privacy. Jahnke appealed his conviction for illegally making a nude recording. He was sentenced to probation.
The appeals court upheld his conviction Tuesday in a 2-1 decision. The dissenting judge argued that the current law does not specifically prohibit what Jahnke did.