Charges dropped for man accused of taking photos of women at Roc - | WBTV Charlotte

Charges dropped for man accused of taking photos of women at Rock Hill pool

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YORK COUNTY, SC (WBTV) -

Charges have been dismissed for a man accused of taking pictures of women at an apartment complex pool in Rock Hill.

Sean Patrick Kilkenny, 47, was arrested Friday afternoon at the Lexington Commons pool on Walnut Drive after an off-duty officer at the pool reported that he had seen Kilkenny taking pictures of women in their bathing suits.

The officer said Kilkenny was at first taking pictures with his cell phone, but then began using a GoPro video camera while swimming under water. Kilkenny was arrested for "violating South Carolina Code of Law 16-17-170(A) Peeping Tom Eavesdropping," the police report stated. 

Tuesday, the voyerism charge was dismissed against Kilkenny. Assistant Solicitor Leslie Robinson said the photographs and filming happened at a common pool and that Kilkenny was "lawfully at the pool and the content in the photographs and videos was open to public view, meaning that there would be no reasonable expectation of privacy under the circumstances."

Several women at the pool reported being concerned.

"While the alleged conduct is perhaps concerning and distasteful, it does not rise to the level of criminal conduct," Robinson said. 

Officers spoke to Kilkenny, who said he had recently moved to Rock Hill from New Jersey and that he was taking pictures of scenery around the pool. That's when Kilkenny gave consent for officers to go through the photos on his phone and his GoPro.

The report states the phone had various photos of a female at the pool, some of which were zoomed in and focused on her breasts. The phone and the GoPro, which officers could not go through due to a dead battery, were placed into evidence.

The female in the photos told officers that Kilkenny was making her and other women at the pool "extremely uncomfortable because of his actions."

Kilkenny was initially charged with voyeurism, which is described by Robinson under SC law as, "A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, audio records, video records, produces, or creates a digital electronic file, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy.

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