An Ann Arbor pediatrician accused of watching out his bathroom window as a year-old neighbor changed her clothing in a bedroom closet is asking the court to dismiss two of six criminal charges against him. Howard Weinblatt , 65, is charged with four counts of surveilling an unclothed person and two counts of window peeping. In a motion filed last week, Attorney Laurence Margolis asked the court to dismiss the two misdemeanor window peeping counts against Weinblatt. In short, the motion says the law in Michigan is clear that one cannot be a "peeping Tom" from the confines of his own home. Judge Kirk Tabbey reviewed the motion Tuesday, court records show, but has not yet scheduled a hearing on it. Weinblatt is accused of watching out his bathroom window on four occasions between Oct.
What is the penalty for a first offense?
Ann Arbor pediatrician seeks dismissal of two window peeping charges
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These prohibitions are found under Penal Code j PC. While most offenders are relatively harmless individuals, the act punishes trespassers 1 who are invading the privacy of others who are often trying to enjoy an intimate moment alone or with others. To prove that you violated PC i , the DA must prove beyond a reasonable doubt each of the following elements of the offense:. There is no requirement that anyone be in the building or dwelling when you look or peek into it so long as it is being used for habitation. If you remain, you are trespassing. It is not loitering, delaying or lingering if you are just passing through and do not stop and peek through a window or door.
Donovan Johnson, 27, was arrested by Bloomfield Township police Feb. Spinning Wheel Drive. He was issued a citation for window peeping.