The act of covertly taking a photograph or video up a person's skirt or dress, or otherwise beneath their clothing, without their knowledge or consent, typically in a public place such as a train, an escalator or a crowded event, generally to capture an image of the victim's underwear or genitals for the offender's own gratification or for distribution. Long prosecuted in some jurisdictions only indirectly, through a general voyeurism, indecent photography or public nuisance statute not written with the practice specifically in mind, a number of countries have since enacted a dedicated upskirting offense, including the United Kingdom's Voyeurism (Offences) Act 2019, passed after a widely publicized campaign by activist Gina Martin following her own experience as a victim. South Korea has separately documented and prosecuted a broader wave of covert filming offenses, including upskirting, under its Act on Special Cases Concerning the Punishment of Sexual Crimes.
Facts
Typical PenaltyTwo years imprisonment (UK Voyeurism (Offences) Act 2019) 1 Elements of OffenseTaking photographs or videos under a person's skirt or kilt capturing the crotch area 1 Jurisdiction VariationUS Video Voyeurism Prevention Act 2004 applies only in areas under federal jurisdiction; states keep their own statutes 1 Classification
Offense GradeMinor or Summary Offense 1 Sources
1. Upskirting (Wikipedia)
Definition
Upskirting or upskirt photography is the practice of taking photographs or videos under a person's skirt or kilt, capturing an image or video of the crotch area, showing underwear such as panties, and sometimes genitalia.
UK Voyeurism (Offences) Act 2019
two years' imprisonment
US Video Voyeurism Prevention Act 2004
This act applies only in areas under federal jurisdiction.
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