Legislation that would toughen criminal penalties for the practice of “upskirting” has cleared the state Senate and is ready for Governor Scott Walker’s signature. Upskirting refers to using a cell phone or other device to secretly capture an image of a person’s genitals or breasts without the consent of the victim.
Advocates say current law does little to protect people from becoming victims, largely because of a loophole that limits criminal charges if the victim was clothed. For example, if a victim is wearing underwear it could result in only misdemeanor charges or possibly none at all.
The bill would make upskirting a felony, punishable by up to three and a half years in prison. Senators concurred on the measure which passed the Assembly back in January.