if he's taking the pix for his personal collection. and if he's taking underskirt pix, of course.

but the perv could always claim he wasn't taking pix of the ppl but of the trees/bldgs/sun/birds/grass/et al and the ppl just happened to be in the pix. kinda like how any of us who have visited popular attractions or attended public events are likely in other ppl's private photos. if we've been in Times Square we are undoubtedly in someone's pix. if we've been to a Beyonce concert we probably ended up in someone's pix and may even be in a YouTube video posted on the Internet.

note: i also represented a guy who took pix of random women at the supermarket where he worked. he was charged w/disorderly conduct - his case was dismissed.