let's say I am walking down the street and am stricken with the sudden urge to pick my nose or scratch my butt. The risk of being seen by one or two random strangers is NOT the same as the risk of being captured in the act on the internet for all eternity. Which, for the most part, address the issue with the statute involved in this case. How does one criminalize taking a photo of someone else picking their nose?
I know. With my luck, my 2 seconds of ass scratching would become a global meme that lasts for years.