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Upskirting: What You Need to Know About Its Legal Definition
Definition & Meaning
Upskirting refers to the act of secretly taking photographs or videos beneath a person's clothing, typically a dress or skirt. This intrusive practice is often carried out by individuals using small cameras or cell phones in public spaces, such as escalators, parks, and shopping malls. The legal implications of upskirting can be complex, as the act occurs in public areas where expectations of privacy may differ. Some jurisdictions have enacted laws specifically prohibiting this behavior, recognizing the violation of personal privacy it entails.
Table of content
Legal Use & context
Upskirting is primarily addressed within the realms of criminal law and privacy law. Legal actions may arise from cases of voyeurism, where individuals capture images without consent. Victims may pursue civil claims for invasion of privacy or seek criminal prosecution against offenders. Users can often find legal templates and forms through US Legal Forms to assist in filing complaints or pursuing legal action related to upskirting incidents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A person uses their cell phone to take a video under a woman's skirt while she is standing on an escalator. This act may be prosecuted under laws against voyeurism.
(Hypothetical example) In a shopping mall, an individual discreetly photographs someone without their knowledge while they are trying on clothes in a fitting room. This could lead to criminal charges and civil liability.
Relevant laws & statutes
Various states have enacted laws against voyeurism that encompass upskirting. For example:
California Penal Code Section 647(j) prohibits the use of a device to secretly take photographs of a person in a place where they have a reasonable expectation of privacy.
New York Penal Law Section 250.45 addresses unlawful surveillance, which includes taking images without consent.
State-by-state differences
State
Law Summary
California
Prohibits surreptitious photography in private areas.
New York
Criminalizes unlawful surveillance, including upskirting.
Texas
Has specific laws against invasive visual recording.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Voyeurism
Secretly observing or recording individuals without their consent.
Voyeurism is broader and includes any form of non-consensual observation.
Invasion of Privacy
Intruding upon someone's personal life without consent.
Invasion of privacy can include various acts, not just photography.
Common misunderstandings
What to do if this term applies to you
If you believe you have been a victim of upskirting, consider taking the following steps:
Document the incident as thoroughly as possible, including taking notes and gathering any evidence.
Report the incident to local law enforcement, as many jurisdictions have laws against this behavior.
Consult with a legal professional to understand your rights and options for pursuing a claim.
You can explore US Legal Forms for templates to assist in filing complaints or legal actions.
Find the legal form that fits your case
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