Wisconsin Capitol (WRN photo)
Using a camera, cell phone or other device to take an “upskirt” picture of someone could result in felony charges, under a bill signed into law by Governor Scott Walker.
State Rep. Melissa Sargent (D-Madison), a sponsor of the bill, said the change is intended to address a loophole in current law, which limited charging those accused of taking a photo under someone’s clothing without consent to a misdemeanor. They could only face a felony charge if the victim was not wearing any underwear, but Sargent says the bill signed by Walker now gives prosecutors the discretion to file felony charges, regardless of what the victim is wearing. “Why would you be treated differently as the victim…depending on what it is you are or are not wearing under you clothing?” the Madison Democrat asked.
Sargent said the legislation is an example of updating state laws to reflect changes in technology. “Back in the day when a camera weighed five pounds and was as big as your head, you probably were not going to be a victim. But now, they fit in the palm of your hand,” she said.
The bill was unanimously approved by the Legislature earlier this session. It was one of 49 pieces of legislation Governor Walker signed into law on Wednesday.