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GRANBURY (CBS11) – A Granbury man could be among the first in the state charged under a new “upskirting” law.

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Patricia and Daniel Winters say they caught the man taking videos under women’s dresses at Granbury’s Fourth of July celebration Sunday.

“He had his camera, his phone, in his hand and he had it kind of pointed up,” said Patricia, who noticed him crouched next to her.

“I think that guy was just trying to take pictures or videos up my dress,” she told her husband.

Daniel Winters says he then saw the man approach another woman and do it again.

“He squats down and sets his phone right there. And, at that moment I just walked up and grabbed him by the shoulders,” he said.

Winters says he confronted the man and watched him delete images from his phone.

“He was very nervous. His hands were shaking the whole time he had his phone out. And he said, ‘Don’t do this, please, I’m with my family’,” he said.

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Granbury police have seized the man’s phone and are now trying to recover evidence to charge the man with “Invasive Visual Recording,” a law that only took effect June 18th, two and a half weeks ago.

It replaces a law against “Improper Photography” that the Texas Criminal Courts of Appeals struck down last year as overly broad and unconstitutional.

The gap between the court ruling and the new law’s passage could make it harder to prosecute other suspects, including one accused of taking pictures up women’s skirts in Burleson.

Surveillance video shows him running out of a Sam’s Club and a Walmart, where police say he targeted a woman and a teen on March 26th and June 3rd, before the new law’s implementation.

Burleson Police say they’re still interested in finding the suspect and will leave it to prosecutors to determine what if anything they’ll charge him with.

Legal loophole or not, Patricia Winters says invading women’s privacy is simply wrong.

“Makes you feel weird. Now whenever I wear a dress out in public because it’s hot out I have to think about some perv coming up behind me. It just sucks,” she said.

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