4-Star Georgia defensive back arrested for felony eavesdropping
When you think of football players and crime, you might think of drug offenses or domestic violence.
What you wouldn’t initially think of is felony eavesdropping. That sort of James Bond cloak-and-dagger is more the province of stuff like the NFL’s infamous “Spygate” or baseball’s decades-long tradition of stealing signs.
But for Tray Bishop, a freshman defensive back at the University of Georgia, those are exactly the charges he’s facing as he was arrested Wednesday and charged with felony eavesdropping or surveillance in an Athens-Clark County Court.
His bond was set at $5,700; Bishop posted the money and is free while he awaits the results of what he hopes will be exoneration.
The incident that ran him afoul of the law occurred on Nov. 5, 2017, when he allegedly recorded a sex act without the permission of the woman being recorded.
According to DawgNation.com, the police report said, “The complainant wished to report that there was a student going around showing people a sex tape of her without her consent. A subsequent investigation into this incident led us into determining that the crime of unlawful eavesdropping occurred on Nov. 5. The investigation showed that Detravion Bishop had recorded [victim’s name] inside his dorm room without her permission and without her knowledge.”
This sort of guerrilla porn is illegal under Georgia state law.
While the statute in question, Section 16-11-62 of Title 16 of the Georgia Code, does not mention sexual acts specifically, it does state that a crime occurs when someone is guilty of “using a device to observe, photograph, or record the activities of another that occur in a private place out of public view without the consent of the persons being observed.”
Exceptions exist in the law, namely the common-sense wording that it is not illegal “to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded.”
Similar exceptions are carved out for businesses as well as private residences.
Needless to say, none of those exceptions apply to a clandestine sex tape.
Coach Kirby Smart released a statement addressing the incident.
“Certainly it’s disappointing when a player or any other young person under our charge is arrested and we don’t condone any illegal or improper behavior,” Smart said. “That being said, University policies are being followed. We are investigating the matter and it’s important that we gather all information relevant to the situation before we determine what policies may come into play. Then we can take appropriate action if necessary.”
If convicted, Bishop faces between one and five years in prison and/or a fine of up to $10,000.
And if the state decides to make an example of him and send him to prison, Bishop’s NFL career might be in serious jeopardy.
On a more prosaic level, Georgia might have to scramble to replace a 4-star prospect on the field with just three months left before the season starts.
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