Greitens’ motion to dismiss lawsuit says privacy law not applicable

On Feb 22, the same day he was indicted, Gov. Eric Greitens filed a motion to dismiss the lawsuit in which he is accused of photographing a former mistress when she was naked.

Greitens is charged with first degree violation of privacy, but his lawyers argue that statute “does not and cannot apply to the conduct alleged.”

According to the document, “the statute does not apply to participants in sexual activity.”

The 27-page motion to dismiss the felony charge facing the governor also says the statute does not apply if the victim is in the common room of another person’s residence.

It also says a third party, such as a peeping Tom, would need to be present to violate the law. The law does not apply to two individuals having a face-to-face interaction, according to the document.

“There is no serious argument to be made that this statute applies where the photographed person was participating in sexual activity in the common areas of another person’s home and a photograph was taken by the other participant,” the document reads.