Levon Anderson was today placed on the sex offenders register after admitting a charge under the same strict legislation that outlaws upskirting in Scotland.
Anderson pled guilty to breaching section 9 of the Sexual Offences (Scotland) Act 2009 - the same voyeurism section of the law that bans the practice that caused massive controversy at Westminster last week when MP Christopher Chope blocked a bill that would have brought English law into line with Scotland.
Dundee Sheriff Court heard that a woman - who cannot be named for legal reasons - had gone to the toilet at Dundee’s Club Tropicana when she spotted a mobile phone being held close to the floor, poking through from the neighbouring cubicle.
Fiscal depute Kate Irwin told the court: “She recognised the mobile phone being held under the partition separating the cubicles.
“She attempted to seize possession of the mobile phone but it was retracted back into the other cubicle.
“The witness waited in the bathroom for around five minutes until the accused exited the cubicle to the left of her.
“He was confronted by the witness and another female.
“They seized possession og his mobile phone and he was then escorted from the club by doormen.
“The woman later looked at the mobile phone and noted two videos had been recorded of females using the bathroom, one of which was herself.
“This was handed over to the police who interviewed the accused and he made full admissions.”
Anderson, 21, of Harefield Road, Dundee, pleaded guilty on summary complaint to a charge under the Sexual Offences (Scotland) Act committed on November 25 2016 at Club Tropicana, South Ward Road, Dundee.
He admitted recording a named woman and other female persons with the intention of enabling himself or another to look at the image by recording them in the lavatory in a state of undress.
Solicitor advocate Jim Laverty, defending, said: “I will be addressing your lordship at the deferred sentence date in relation to the aspect of the sexual element in this case.
“You will be aware that this type of offence covers behaviour which humiliates, distresses or alarms someone.
“I will be trying to convince you this was more of a distasteful behaviour rather than the obvious inference of a sexual element.
“He is aware he will be subject to registration.”
Sheriff Tom Hughes deferred sentence until next month for social work background reports and released Anderson on bail meantime.
He also placed Anderson on the sex offenders register in the interim.