View source for Upskirt

{{Short description|Image taken under a person's skirt}}
{{More citations needed|date=December 2024}}
{{EngvarB|date=January 2014}}
{{Use dmy dates|date=September 2018}}

[[File:Marilyn Monroe photo pose Seven Year Itch.jpg|thumb|One of the most iconic [[pop culture]] images of the 20th century involves upskirting. [[Marilyn Monroe]] poses over a subway grate during the filming of [[The Seven Year Itch]] as [[Marilyn Monroe's white dress|her white dress]] is blown upwards by a train passing underneath.<ref name=":0">{{cite web |url= https://www.rottentomatoes.com/m/seven_year_itch |title=The Seven Year Itch |access-date=December 12, 2023|publisher=[[Rotten Tomatoes]]}}</ref>]]

'''Upskirting''' or '''upskirt photography''' is the practice of taking photographs or videos under a person's [[skirt]] or [[kilt]],<ref>{{cite news|url=https://www.bbc.com/news/uk-politics-44542051|title=Upskirting ban 'also protects men in kilts'|date=19 June 2018|work=[[BBC News]]|access-date=21 June 2018|archive-date=24 June 2018|archive-url=https://web.archive.org/web/20180624140215/https://www.bbc.com/news/uk-politics-44542051|url-status=live}}</ref> capturing an image or video of the [[crotch]] area, showing [[underwear]] such as [[panties]], and sometimes [[genitalia]].<!--Deviating from the Wikipedia:Manual of Style (WP:MoS), the following quotation marks demonstrate this term is used as a regular noun.--> An "'''upskirt'''" is a photograph, video, or [[Drawing|illustration]] which incorporates such an image, although the term may also be used to refer to ''the area of the body'' inside a skirt, usually from below and while being worn.

The practice is a form of [[sexual fetishism]] or [[voyeurism]] and is similar in nature to [[downblouse]] photography. The primary ethical and legal issue relating to upskirt photography in the United States is the [[reasonable expectation of privacy]], even in a [[public place]]. In a few countries, [[secret photography|nonconsensual]] upskirting is a criminal [[sexual offense]].

==Social attitudes==
The sudden popularity in the 1960s of the [[miniskirt]] brought the concept out onto the streets and was viewed by many as mass [[exhibitionism]]. One commentator in the 1960s said, "In European countries{{nbs}}... they ban mini-skirts in the streets and say they're an invitation to rape{{nbs}}..."<ref name="Adburgham">{{cite news |last=Adburgham |first=Alison |author-link=Alison Adburgham |date=10 October 1967 |title=Mary Quant talks to Alison Adburgham |newspaper=The Guardian |url=https://www.theguardian.com/century/1960-1969/Story/0,6051,106475,00.html |access-date=16 June 2011 |archive-date=14 June 2011 |archive-url=https://web.archive.org/web/20110614181217/http://century.guardian.co.uk/1960-1969/Story/0,6051,106475,00.html |url-status=live }}</ref> By contrast, many women viewed the new style as rebellion against previous clothing styles and as [[women's liberation]] of their own bodies. For the first time, many women felt comfortable exposing their thighs, whether on the beach in a swimsuit or in street wear, and were even relaxed when in some situations their underwear would be visible.

Some upskirt and downblouse images are made with the knowledge and consent of the females affected. However, some of these images can end up being more widely distributed or being posted onto the Internet without the knowledge and consent of the subject, for example as [[revenge porn]] following a [[relationship breakup]].

Attitudes hardened with the very widespread availability and use of digital photographic and video technology, most recently [[camera phone]]s.<ref name=SeatUpskirt>{{Cite news
 | first = Maureen
 | last = O'Hagan
 | title = 'Upskirt' photographs deemed lewd but legal
 | url = http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=voyeur20m0&date=20020920
 | work = [[The Seattle Times]]
 | publisher = [[The Seattle Times|The Seattle Times Company]]
 | date = 20 September 2002
 | access-date = 26 December 2006
 | quote = So-called "upskirt cams," sometimes called "upskirt photos" or "upskirt voyeur pictures," are a hot commodity in the world of Internet pornography.
 | archive-date = 22 December 2007
 | archive-url = https://web.archive.org/web/20071222012538/http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=voyeur20m0&date=20020920
 | url-status = dead
 }}</ref><ref>{{Cite news |last=Napolitano |first=Jo |date=11 December 2003 |title=Hold It Right There, And Drop That Camera |work=[[The New York Times]] |url=https://query.nytimes.com/gst/fullpage.html?res=9C04E1D8163CF932A25751C1A9659C8B63&sec=&spon=&pagewanted=all |url-status=live |url-access=limited |access-date=23 May 2008 |archive-url=https://web.archive.org/web/20230423191002/https://www.nytimes.com/2003/12/11/technology/hold-it-right-there-and-drop-that-camera.html?sec=&spon=&pagewanted=all |archive-date=23 April 2023 |quote=...{{nbs}}the proliferation of camera phones had helped give new life to "upskirt" or "down blouse" photography.}}</ref><ref name=HAPriv>{{Cite news
 | first = Michael
 | last = Tsai
 | title = Privacy issues plague picture phones
 | url = http://the.honoluluadvertiser.com/article/2004/Jan/18/ln/ln20a.html
 | work = [[The Honolulu Advertiser]]
 | publisher = [[Gannett Company|Gannett Co.]]
 | date = 18 January 2004
 | access-date = 26 December 2006
 | quote = ...{{nbs}}because of the growing popularity of camera-equipped cell phones.
 | archive-date = 25 December 2018
 | archive-url = https://web.archive.org/web/20181225143737/http://the.honoluluadvertiser.com/article/2004/Jan/18/ln/ln20a.html%20
 | url-status = live
 }}</ref> Such technology was also being used to record upskirt and downblouse images for uploading onto the internet. Specialist websites came into existence where people could share such images, and terms such as "upskirt", "downblouse" and "nipple dress" (i.e., when an erect nipple is evident through the material of a woman's dress) came into use. Of particular concern were images of minors and of people who could be identified. Celebrities were popular victims of such efforts. Issues of privacy and reputation began to be raised.

The creation and viewing of this type of image came increasingly to be described as forms of [[voyeurism]] and pornography. This was not that most of such images were sexual in nature, with most of them being quite innocent by themselves, but because of their association with the nature of the website on which they were posted and because of the size of the collections.<ref>{{cite report|url=http://www.ag.gov.au/agd/WWW/rwpattach.nsf/VAP/(CFD7369FCAE9B8F32F341DBE097801FF)%7E8%2BAugInternetPhotosFinalPaperAugust05.pdf/$file/8%2BAugInternetPhotosFinalPaperAugust05.pdf |location=Australia|author=Standing Committee of Attorneys-General|date=August 2005|title=Unauthorised Photographs on the Internet And Ancillary Privacy Issues|archive-url=https://web.archive.org/web/20091015184649/http://www.ag.gov.au/agd/WWW/rwpattach.nsf/VAP/(CFD7369FCAE9B8F32F341DBE097801FF)~8+AugInternetPhotosFinalPaperAugust05.pdf/$file/8+AugInternetPhotosFinalPaperAugust05.pdf|archive-date=15 October 2009}}</ref>

==Safety shorts==
[[File:2014 US Open (Tennis) - Tournament - Yaroslava Shvedova (15107812302).jpg|thumb|200px|Professional tennis player [[Yaroslava Shvedova]] wearing safety shorts at a New York tennis match]]

Some skirt-wearers, particularly those who are prominently in public such as female athletes and celebrities as well as schoolgirls, wear "safety shorts" under their skirts to protect themselves from upskirting.<ref>{{cite news |author=Busby |first=Eleanor |date=27 March 2018 |title=Schoolgirls wear shorts under uniform to protect themselves against 'upskirting', says teaching union leader |newspaper=The Independent |location=United Kingdom |url=https://www.independent.co.uk/news/education/education-news/upskirting-schoolgirls-skirt-sexual-harassment-me-too-national-education-union-neu-a8276546.html |access-date=24 February 2020 |archive-date=24 February 2020 |archive-url=https://web.archive.org/web/20200224014801/https://www.independent.co.uk/news/education/education-news/upskirting-schoolgirls-skirt-sexual-harassment-me-too-national-education-union-neu-a8276546.html |url-status=live }}</ref>

==Legality by country==
Many countries do not have laws which protect a person's right to personal privacy, especially in a [[public place]], but the legal position does vary considerably. The following is a list of countries that do have laws related to this subject.

{{incomplete list|date=May 2025}}

===Australia===
All jurisdictions within Australia have passed laws making it illegal to take upskirt photos in [[public places]] without the person's consent.<ref>{{Cite news
|url= https://www.smh.com.au/news/cameras--videos/upskirting-to-become-a-crime/2006/07/28/1153816375391.html
|title= Upskirting to become a crime
|access-date= 10 June 2007
|date= 28 July 2006
|publisher= The Sydney Morning Herald
|quote= Voyeurs who secretly take pictures up women's skirts or down their blouses will face a crackdown under draft uniform national laws criminalizing the practice.
|archive-date= 7 September 2007
|archive-url= https://web.archive.org/web/20070907144248/http://www.smh.com.au/news/cameras--videos/upskirting-to-become-a-crime/2006/07/28/1153816375391.html
|url-status= live
}}</ref>

===Finland===
In 2010, an elderly man had his camera confiscated and was fined 12 [[day-fine]]s for the act of ''public obscenity'' (which was thought to be the closest match in the criminal code), having taken dozens of upskirt photos in a shopping centre in [[Turku]].<ref>{{Cite journal |title=Naisten takamuksia Turussa kuvannut mies sai sakot ja menetti kameransa |date=5 August 2010 |author=Marko Hämäläinen |journal=[[Helsingin Sanomat]] |url=http://www.hs.fi/kotimaa/artikkeli/Naisten+takamuksia+Turussa+kuvannut+mies+sai+sakot+ja+menetti+kameransa/1135259115993 |language=fi |access-date=14 May 2011 |archive-url=https://web.archive.org/web/20100822020528/http://www.hs.fi/kotimaa/artikkeli/Naisten+takamuksia+Turussa+kuvannut+mies+sai+sakot+ja+menetti+kameransa/1135259115993 |archive-date=22 August 2010 |url-status=dead }}</ref>

===France===
In August of 2018, France passed its first law specifically criminalizing upskirt voyeurism, defined as "''using any means in order to perceive the private parts of a person which that person... when committed without the knowledge or consent of the person''". The law makes such offenses punishable by one year in prison and a fine of 15,000 euros.<ref>{{cite journal |last1=Lacroix |first1=E. |last2=Nahmani |first2=I. |last3=Rebut |first3=D. |last4=Fanton |first4=L. |title=New measures introduced by Law no. 2018-703 relating to sexual and gender-based violence |journal=La Revue de Médecine Légale |pages=100–106 |language=en |doi=10.1016/j.medleg.2020.05.001 |date=1 September 2020|volume=11 |issue=3 |s2cid=225798025 |doi-access=free }}</ref>

===Germany===
In November 2019, the [[German Bundestag]] approved a bill to criminalize both upskirting and "criminalize photographing victims of accidents or pictures that" show a dead person in a grossly offensive way; German media has referred to the latter as [[rubbernecking]].<ref>{{cite web|url=https://www.dw.com/en/germany-to-criminalize-upskirting-and-rubbernecking/a-51223409|title=Germany to criminalize upskirting and rubbernecking|website=DW|date=13 November 2019|access-date=8 December 2019|archive-date=17 December 2019|archive-url=https://web.archive.org/web/20191217035618/https://www.dw.com/en/germany-to-criminalize-upskirting-and-rubbernecking/a-51223409|url-status=live}}</ref>

===India===
In India, under section 66E, of the [[Information Technology Act]], "Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without their consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two [[lakh]] (200,000) rupees, or with both". The words "private area" mean the naked or undergarment-clad genitals, pubic area, buttocks or female breast; "under circumstances violating privacy" means circumstances in which a person can have a reasonable expectation that any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

===Japan===
{{see also|Panchira}}
In Japan, [[Prefectures of Japan|prefecture]] level Trouble Prevention Ordinances (迷惑防止条例) prohibit [[secret photography]], along with [[stalking]], [[Chikan (body contact)|chikan]] and other offenses. Although every prefecture in the country has adopted some variation of the ordinance, details vary greatly.<ref>{{cite news|url=https://www.nhk.or.jp/minplus/0026/topic078.html|title=47 Prefectures' "Trouble Prevention Ordinances" and Voyeurism Penalties|newspaper=NHK|lang=ja|date=30 September 2022|access-date=22 August 2023|archive-date=22 August 2023|archive-url=https://web.archive.org/web/20230822192800/https://www.nhk.or.jp/minplus/0026/topic078.html|url-status=live}}</ref>

In June 2023, as a part of the sex crime reform, Japanese parliament passed a [[:ja:盗撮処罰法|new law]] that replaces the prefecture-dependent implementations of Trouble Prevention Ordinances. Under the new law, the act of secretly photographing or filming a person's sexual appearance, as well as providing such photos or videos to a third person, are subject to imprisonment of up to three years or a fine of up to 3 million Japanese yen.<ref>{{cite news|url=https://www.japantimes.co.jp/news/2023/06/19/national/crime-legal/sex-crime-law-revision-explainer/|title=What you need to know about the revision to Japan's sex crime law|newspaper=The Japan Times|date=19 June 2023|access-date=22 August 2023|archive-date=22 August 2023|archive-url=https://web.archive.org/web/20230822185235/https://www.japantimes.co.jp/news/2023/06/19/national/crime-legal/sex-crime-law-revision-explainer/|url-status=live}}</ref><ref>{{cite news|url=https://www.bbc.com/news/world-asia-pacific-65453384|title=Japan to ban upskirting in sweeping sex crime reforms|newspaper=BBC|date=2 May 2023|access-date=22 August 2023|archive-date=23 July 2023|archive-url=https://web.archive.org/web/20230723075750/https://www.bbc.com/news/world-asia-pacific-65453384|url-status=live}}</ref>

===New Zealand===
In New Zealand, it is illegal to make a visual recording of a person's [[intimate part]]s in any setting in which the person has a "[[reasonable expectation of privacy]]". This includes public and private settings. It is also illegal to possess or distribute such images.<ref>[http://www.legislation.govt.nz/act/public/2006/0075/latest/whole.html#DLM398248 ''The Crimes (Intimate Covert Filming) Amendment Act'' 2006] {{Webarchive|url=https://web.archive.org/web/20120404162506/http://www.legislation.govt.nz/act/public/2006/0075/latest/whole.html#DLM398248 |date=4 April 2012 }} created offences covering the making, possessing, publishing, importing, exporting or selling of voyeuristic recordings. The punishment can be up to three years' imprisonment.</ref>

===South Korea===
In South Korea, the Sexual Violence Punishment Act prohibits secret photography, the photographing of people without their permission. Such filming is subject to criminal penalties and results in those convicted being registered as sex offenders. This applies to activities such as upskirting and also to filming a clothed person from a long distance. If the person being photographed is a minor, the punishment is more severe. It is the filming, not the distribution, that constitutes the crime.<ref>{{cite news|url=https://m.lawissue.co.kr/view.php?ud=2022081915222138216cf2d78c68_12|title=Illegal filming is severely punished under the Camera Punishment Act|newspaper=Lawissue|date=22 Aug 2022|author=Ga yung Jin|lang=ko|access-date=26 December 2022|archive-date=26 December 2022|archive-url=https://web.archive.org/web/20221226190608/https://m.lawissue.co.kr/view.php?ud=2022081915222138216cf2d78c68_12|url-status=live}}</ref> When a person is photographed from a long distance, the court judges whether there is "sexual intention" or a "sexual body part" is photographed or "sexual shame" is the result. The law has been criticized for having no clear standards for legal interpretation.<ref>{{cite news|url=https://www.fnnews.com/news/202104051410392741|title='Mixed verdict' over sex crimes hidden camera in public places|newspaper=Financial News|date=26 Apr 2021|author=Sung Ho Kim|lang=ko|access-date=26 December 2022|archive-date=26 December 2022|archive-url=https://web.archive.org/web/20221226190609/https://www.fnnews.com/news/202104051410392741|url-status=live}}</ref> Some South Korean lawyers suggest that posting videos of street events such as Halloween on social media may constitute a sex crime.<ref>{{cite news|url=https://www.hani.co.kr/arti/society/society_general/1017837.html|title='Hongdae Friday' and 'Halloween Street' videos can also be sexual crime.|newspaper=Hangyureh|date=3 Nov 2021|author=Yun Ju Kim|lang=ko|access-date=26 December 2022|archive-date=26 December 2022|archive-url=https://web.archive.org/web/20221226190616/https://www.hani.co.kr/arti/society/society_general/1017837.html|url-status=live}}</ref>

===United Kingdom===
====England and Wales====
{{main article|Voyeurism (Offences) Act 2019}}

Since April 2019, upskirting has constituted the specific offence of [[voyeurism]] under the [[Sexual Offences Act 2003]]. It is defined as creating images of or operating equipment to view genitals, buttocks or underwear beneath clothing where they would not normally be visible, for the purpose of sexual gratification or to cause humiliation, alarm or distress. The maximum sentence for the offence is two years' imprisonment and in the more serious sexual cases those convicted are added to the [[Violent and Sex Offender Register]].<ref>{{cite press release|url=https://www.gov.uk/government/news/upskirting-now-a-specific-crime-after-bill-receives-royal-assent|title='Upskirting' now a specific crime as bill receives Royal Assent|author1=Ministry of Justice|first2=Lucy|last2=Frazer| author2-link=Lucy Frazer|website=gov.uk|publisher=Government Digital Service|date=12 February 2019|access-date=12 February 2019}}</ref><ref>{{Cite legislation UK | type = act | year = 2019 | chapter = 2 | act = Voyeurism (Offences) Act 2019 }}</ref><ref>{{cite news|url=https://metro.co.uk/2019/01/15/upskirting-finally-going-made-criminal-offence-8348345/|title=Upskirting is finally going to be made a criminal offence|author=Jane Wharton|date=15 January 2019|newspaper=Metro News|access-date=16 January 2019|archive-date=16 January 2019|archive-url=https://web.archive.org/web/20190116200808/https://metro.co.uk/2019/01/15/upskirting-finally-going-made-criminal-offence-8348345/|url-status=live}}</ref>

Before 2019, there were no specific laws against upskirting in [[England and Wales]].<ref name="inews_30082017">{{cite news | last = Secret barrister | title = Upskirting: Why a new law is needed to stop mobile phones being shoved up women's skirts | url = https://inews.co.uk/opinion/new-criminal-laws-rarely-required-law-upskirting/ | work = [[i (British newspaper)|i News]] | date = 30 August 2017 | access-date = 3 November 2017 | archive-date = 2 September 2017 | archive-url = https://web.archive.org/web/20170902171246/https://inews.co.uk/opinion/new-criminal-laws-rarely-required-law-upskirting/ | url-status = live }}</ref> When upskirting took place in public, it was outside of the scope of the offence of voyeurism under the Sexual Offences Act 2003.<ref>{{cite book | last = Conner | first = Paul | title = Blackstone's Police Manual 2017 Volume 1: Crime | publisher = Oxford University Press | location = Oxford, United Kingdom | year = 2016 | isbn = 9780198783053 }}</ref> Nevertheless, prosecutions for upskirting were successful under the [[common law]] offence of [[outraging public decency]], which requires the presence of at least two other people and for the act to be done in a public place.<ref>{{cite news|url=http://www.croydonguardian.co.uk/news/8894074.Croydon_man_convicted_of_taking_pictures_up_women_s_skirts/|title=Croydon man convicted of taking pictures up women's skirts|last=Miller|first=Harry|date=7 March 2011|work=[[Croydon Guardian]]|access-date=5 January 2015|archive-date=4 June 2015|archive-url=https://web.archive.org/web/20150604042626/http://www.croydonguardian.co.uk/news/8894074.Croydon_man_convicted_of_taking_pictures_up_women_s_skirts/|url-status=live}}</ref>

Following a public campaign to change the law, a government bill was introduced to the [[House of Commons of the United Kingdom|House of Commons]] on 21 June 2018.<ref>{{Cite news|url=https://news.sky.com/story/weve-done-it-campaigners-celebrate-as-upskirting-criminalised-in-new-government-bill-11412284|title=Campaigners celebrate as government tables bill to tackle upskirting|last=Bradley|first=Sorcha|date=21 June 2018|work=Sky News|access-date=21 June 2018|language=en-GB|archive-date=21 June 2018|archive-url=https://web.archive.org/web/20180621181210/https://news.sky.com/story/weve-done-it-campaigners-celebrate-as-upskirting-criminalised-in-new-government-bill-11412284|url-status=live}}</ref><ref name=":2">{{Cite web|url=https://publications.parliament.uk/pa/bills/cbill/2017-2019/0235/18235.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://publications.parliament.uk/pa/bills/cbill/2017-2019/0235/18235.pdf |archive-date=2022-10-09 |url-status=live|title=Voyeurism (Offences) (No. 2) Bill|date=21 June 2018|website=publications.parliament.uk|access-date=13 July 2018}}</ref> Speaking on the government's behalf in the House of Lords, [[Charlotte Vere, Baroness Vere of Norbiton|Baroness Vere of Norbiton]] said the legislation would also protect men wearing [[kilt]]s.<ref name=":1">{{Cite news|url=https://www.bbc.co.uk/news/uk-politics-44542051|title=Upskirting ban 'also protects men in kilts'|date=19 June 2018|work=BBC News|access-date=20 June 2018|language=en-GB|archive-date=19 June 2018|archive-url=https://web.archive.org/web/20180619234409/https://www.bbc.co.uk/news/uk-politics-44542051|url-status=live}}</ref><ref>{{Cite web|url=https://hansard.parliament.uk/Lords/2018-06-19/debates/706FA876-2706-4326-9F3C-F1DF51D19259/Upskirting#contribution-6B888C88-124A-46E2-BD0D-8538CDD355D9|title=Upskirting - Hansard Online|date=19 June 2018|website=hansard.parliament.uk|language=en|access-date=20 June 2018|archive-date=20 June 2018|archive-url=https://web.archive.org/web/20180620101712/https://hansard.parliament.uk/Lords/2018-06-19/debates/706FA876-2706-4326-9F3C-F1DF51D19259/Upskirting#contribution-6B888C88-124A-46E2-BD0D-8538CDD355D9|url-status=live}}</ref> The Voyeurism (Offences) Act 2019 received [[royal assent]] on 12 February 2019, taking effect two months later.

====Scotland====
Upskirting is a specific offence in [[Scotland]] under the Criminal Justice and Licensing (Scotland) Act 2010. This act, which was passed by the [[Scottish Parliament]], extended the definition of voyeurism to cover upskirting.<ref>{{Cite web|url=http://www.gov.scot/Topics/archive/law-order/criminal-justice-bill|title=Criminal Justice and Licensing (Scotland) Act 2010|website=Scottish Government|language=en-gb|access-date=17 May 2018|date=April 2003}}{{Dead link|date=June 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref>{{Cite web|url=https://www.legislation.gov.uk/asp/2010/13/section/43|title=Criminal Justice and Licensing (Scotland) Act 2010|website=www.legislation.gov.uk|language=en|access-date=17 May 2018|archive-date=17 May 2018|archive-url=https://web.archive.org/web/20180517153310/https://www.legislation.gov.uk/asp/2010/13/section/43|url-status=live}}</ref>

====Northern Ireland====
As in England and Wales before 2019, there is no specific offence of upskirting in [[Northern Ireland]], but can in certain circumstances be prosecuted as the common law offence of [[outraging public decency]].<ref>{{cite news|url=https://www.belfasttelegraph.co.uk/news/northern-ireland/northern-ireland-teen-to-fight-upskirting-charges/37057231.html|title=Northern Ireland teen to fight 'upskirting' charges|work=Belfast Telegraph|date=28 June 2018|access-date=12 February 2019|archive-date=13 February 2019|archive-url=https://web.archive.org/web/20190213064131/https://www.belfasttelegraph.co.uk/news/northern-ireland/northern-ireland-teen-to-fight-upskirting-charges/37057231.html|url-status=live}}</ref>

===United States===
In the United States, laws vary by state. At the federal level the United States enacted the ''Video Voyeurism Prevention Act'' of 2004 to punish those who intentionally make an image of an individual's private areas without consent, when the person knew the subject had an [[expectation of privacy]]. This act applies only in areas under federal jurisdiction.<ref>{{cite web|url=http://www.govtrack.us/congress/bill.xpd?bill=s108-1301 |title=S. 1301 [108th&#93;: Video Voyeurism Prevention Act of 2004 |publisher=GovTrack.us |access-date=27 February 2009}}</ref>

Additionally, many state laws address the issue as well.<ref>{{cite web|url=http://www.ncvc.org/ncvc/AGP.Net/Components/documentViewer/Download.aspxnz?DocumentID=40459|title=Video Voyeurism Laws|publisher=National Centre of Victims of Crime|archive-url=https://web.archive.org/web/20120624122149/http://www.ncvc.org/ncvc/AGP.Net/Components/documentViewer/Download.aspxnz?DocumentID=40459 |archive-date=24 June 2012 }}</ref>

A 2005 [[Illinois]] law made it a crime to videotape or transmit upskirt videos of other people without their consent. A 2014 Chicago ordinance made the crime punishable by a $500 fine.<ref>{{cite news|last1=Dardick|first1=Hal|title=Chicago to ban 'upskirt' video taking without consent|url=https://www.chicagotribune.com/2014/05/23/chicago-to-ban-upskirt-video-taking-without-consent/|work=Chicago Tribune|date=23 May 2014|access-date=19 August 2014|archive-date=21 August 2014|archive-url=https://web.archive.org/web/20140821040623/http://articles.chicagotribune.com/2014-05-23/news/chi-chicago-to-ban-upskirt-video-taking-without-consent-20140523_1_chicago-city-council-ed-burke-latasha-thomas|url-status=live}}</ref>

In March 2014, the [[Massachusetts Supreme Judicial Court]] overruled a lower court upskirt ruling because the women photographed were not nude or partially nude, saying that existing so-called Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but it does not protect clothed people in public areas.<ref>{{cite news |url=https://www.theguardian.com/world/2014/mar/05/massachusetts-upskirt-court-legal |title=Top Massachusetts court rules 'upskirt' photos to be legal |work=theguardian.com |date=5 March 2014 |access-date=22 April 2014 |archive-date=17 March 2014 |archive-url=https://web.archive.org/web/20140317042032/http://www.theguardian.com/world/2014/mar/05/massachusetts-upskirt-court-legal |url-status=live }}</ref> A law was then passed in Massachusetts to ban the practice.<ref name="blogs.findlaw.com">{{cite web|url=https://blogs.findlaw.com/law_and_life/2014/03/mass-upskirt-photo-ban-signed-into-law.html|title=Mass. 'Upskirt Photo' Ban Signed Into Law|work=Law and Daily Life|date=7 March 2014|access-date=7 February 2015|archive-date=4 February 2015|archive-url=https://web.archive.org/web/20150204002401/http://blogs.findlaw.com/law_and_life/2014/03/mass-upskirt-photo-ban-signed-into-law.html|url-status=live}}</ref>

In September 2014, the [[Texas Court of Criminal Appeals]] voided the state's statute against "improper photography or visual recording" including "upskirt" photos, saying its wording was overly broad. The court's opinion stated: "Protecting someone who appears in public from being the object of sexual thoughts seems to be the sort of 'paternalistic interest in regulating the defendant's mind' that the First Amendment was designed to guard against."<ref>{{cite news |url=https://www.theguardian.com/world/2014/sep/19/texas-court-upholds-right-to-take-upskirt-photos |title=Texas court upholds right to take 'upskirt' pictures |work=theguardian.com |date=14 September 2014 |access-date=14 September 2014 |archive-date=19 September 2014 |archive-url=https://web.archive.org/web/20140919173606/http://www.theguardian.com/world/2014/sep/19/texas-court-upholds-right-to-take-upskirt-photos |url-status=live }}</ref><ref>{{cite web|url=https://www.msn.com/en-us/news/crime/oregon-judge-taking-photos-up-girls-skirt-not-illegal/ar-AA95oKA?ocid=mailsignout|title=Oregon judge: taking photos up girl's skirt not illegal|work=msn.com|access-date=7 February 2015|archive-date=7 February 2015|archive-url=https://web.archive.org/web/20150207183141/http://www.msn.com/en-us/news/crime/oregon-judge-taking-photos-up-girls-skirt-not-illegal/ar-AA95oKA?ocid=mailsignout|url-status=live}}</ref>

==See also==
* [[Anasyrma]]
* [[Legality of recording by civilians]]
* [[Skort]]
*[[Panchira]]

==References==
<!--See http://en.wikipedia.org/wiki/Wikipedia:Footnotes for an explanation of how to generate footnotes using the &lt;ref(erences/)> tags-->
{{Reflist}}

==Further reading==
* The Future of Reputation, Gossip, Rumour and Privacy on the Internet, [http://yalepress.yale.edu/book.asp?isbn=9780300124989 Daniel J. Solove, Yale University Press, 2007], {{ISBN|978-0-300-12498-9}}, p.{{nbs}}166
* Sex in Consumer Culture, Tom Reichert, Jacqueline Lambiase, Routledge, 2006, {{ISBN|0-8058-5090-2}}
* Sex Crimes Investigation: Catching and Prosecuting the Perpetrators, Robert L. Snow, Greenwood Publishing Group, 2006, {{ISBN|0-275-98934-8}}, p.{{nbs}}146

==External links==
{{Commonscatinline}}
* {{cite web| url=http://www.epic.org/privacy/gender/ | title=Gender and Electronic Privacy | publisher= Electronic Privacy Resource Center | access-date=26 December 2006 }}

{{Sexual slang}}

[[Category:Pornography terminology]]
[[Category:Sex crimes]]
[[Category:Sexual fetishism]]
[[Category:Sexual harassment]]
[[Category:Sexual abuse]]
[[Category:Sexual misconduct]]
[[Category:Sex and the law]]
[[Category:Sex laws]]
[[Category:Skirts]]