A 55-year-old jobless Japanese man has been arrested in Tokyo for having three schoolgirls spit out saliva and filming them in the process, police said Tuesday.

Toshihiko Mizuno was caught in Tokyo on Monday on suspicion of “habitual indecency,” which carries a penalty of up to one year in jail or a fine of one million yen ($12,400), the Metropolitan Police Department said.

via Japan man arrested collecting schoolgirl saliva | My Sinchew.

Why “jobless” is mentioned? What does it have to do with the charge or the punishment? Would his behaviour be considered more leniently if he were employed? What if he had a part-time job? Would he get half-leniency? Is his behaviour all the worse because he has no job? Or could the fact that he has no job be a reason for his behaviour, e.g. he planned to sell the video footage (people will buy anything, believe me!)?

Secondly, what is “habitual indecency” and who decides? It is not a crime to video young girls spitting into containers, so somebody somewhere has to come up with a category of misdemeanor with which to charge this person. Who?

And what other “crimes” could be covered by this vague phrase “habitual indecency”? Who decides what is indecent? The law does not say, so presumably it’s… the judge? But before that, someone must make an arrest! The police, then? But it’s unlikely an alert copper spotted this behaviour. More likely a nosy neighbour or concerned parent alerted the police, who then swooped in, but only AFTER coming up with a plausible reason to arrest this guy.

And why were the girls not arrested, too? Surely the spitting (and in public, too!) is what is indecent. Or is someone trying to say that using a video camera for the purpose for which it is made – to video things –  is “indecent”, even “habitual”?

A smart lawyer could have a field day with this!