Upskirting

Abstract

“Upskirting” or video voyeurism involves the use of video cameras in public spaces to record underneath women’s clothing. This activity became commonplace with the advent of cell phones cameras and other small video recording devices. A prior 2006 analysis of statutes aimed at criminalizing the practice of upskirting revealed that two thirds of the statutes require that a violation of privacy occurs before a crime has been committed. Some state courts have held that this was not a crime since there were no statute specifically prohibiting such behavior. This article examines state and federal statutes related to upskirting in an effort to determine how these laws have evolved in the 10 years since the original study.