SELINSGROVE — A Missouri man accused of taking photographs under the dress of a Boscov’s shopper Tuesday is facing more serious charges.

State police at Selinsgrove filed third-degree misdemeanor invasion of privacy and summary harassment charges against Brian Thomas Hoy, 43, of Maryville, Mo., for using a digital camera to take photos under the dress of an unsuspecting 39-year-old Selinsgrove woman while she shopped at the store in the Susquehanna Valley Mall in Monroe Township.

At 7:43 p.m. Tuesday, Boscov’s security guard Ernie Geiswite noticed Hoy photographing a woman under her dress and detained him, according to the criminal complaint filed at Edward Mihalik Jr.’s office Thursday.

Police responded and spoke with the woman who said she was aware of Hoy being “annoyingly close to her,” but wasn’t sure what he was doing, court documents said.

Hoy refused to talk to police and the digital camera he was using was seized as evidence. The store’s surveillance tape will also be turned over to authorities, the complaint said.

On Wednesday, police released a statement regarding Hoy being cited for summary harassment and disorderly conduct for the alleged incident.

The following day, police withdrew the disorderly conduct citation and filed a criminal complaint charging him with the misdemeanor invasion of privacy.

The misdemeanor charge is a fairly new state law, introduced by state Rep. Russell Fairchild, R-85 of Lewisburg and enacted in October 2005, to protect individual’s privacy from being invaded by advances in technology.

Specifically, the law makes it a crime to electronically record or view another person for sexual gratification.

Referred to as upskirting, offenders photograph or videotape unsuspecting victims and often post it on the Internet.