Did a cell phone photo create a sexual offender?

Click on this link to read Tom Lyons' column in the Sarasota Herald-Tribune (8-8-10) about how a man was arrested for taking a cell phone photo of two 15 year old flashers.  Do the details provided by Lyons suggest that he should be charged as a sexual offender?  Or is Lyons correct that this would be an overreaction?  How have cell phone photos and videos changed the nature of a variety of crimes?