After tanning, the woman began to get dressed when she observed a black smart phone tilted downward inside of her tanning stall. She saw the phone being held in the next stall over the wall divider. The woman then realized she was being recorded, without her knowledge, during her tanning visit.
At 7:38 a.m., suspect Derek Hamilton, 29, of Royal entered the tanning salon and can be seen on video surveillance entering the tanning stall next to where the woman saw the cell phone.
Based on salon records and video surveillance, Hamilton’s identity was positively matched to his Arkansas Driver’s License photograph.
The woman’s reasonable expectation of privacy in a public location, out of view, is grounds for Crime of Video Voyeurism. It is also reasonable that the smart phone was used as a recording device to capture her while she tanned without her permission.
This breach of privacy and positively identifying Hamilton using salon records and video surveillance is evidence to support a Video Voyeurism charge, which is considered a Class D felony. Hamilton has a court date set for April 8.
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