A Texas appellate court holds the "Improper Photography" law unconstitutional.

This was the case of a man caught with a digital camera containing 73 photographs of children in bathing suits that the prosecutor said "target[ed] the children's breast and buttocks areas."

The law states a person commits an offense if he "photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room without the other person's consent and with intent to arouse or gratify the sexual desire of any person" or invade their privacy....

"Thompson argues the statute has a substantial impact on free speech because there is no careful delimitation of criminal conduct, but rather anyone who takes photographs of non-consenting persons is at risk of violating the law," [wrote Justice Marialyn Barnard wrote for the Fourth Court of Appeals panel.] "We agree...."...

"...Thompson argues innocent photographers run the risk of being charged with violating the statute because the government is attempting to regulate thought, a freedom protected by the First Amendment,"" Barnard wrote. "We agree...."