One Of These Days, A Court Will Get To Decide

I've been puzzled by this law ever since it was enacted about six years ago. This story: A guy sits on a park bench outside of the entrance of Six Flags and "photographs teenagers from behind" after they walk by. No nudity. In public. No touching. The teenagers do not even realize they were photoed.

Here's the statute (Texas Penal Code 21.12):
A person commits an offense if the person:
1) photographs . . . another:
A) without the other person's consent; and
B) with intent to arouse or gratify the sexual desire of any person.

As I've said time and time again, isn't that incredibly broad? If I see Jessica Alba in a skimpy bikini on beach on Padre Island and I take her picture, have I committed a crime?

And even though we find this particular guy's conduct "offensive", does that justify making it illegal in America? We tolerate lots of offensive things because of freedom. And if painting constitutes protected First Amendment "speech", is the taking of a picture equally protected? Just asking.