Upskirting Laws and Penalties

Taking photos or creating videos of a person's intimate areas without their consent can lead to criminal charges for invasion of privacy or video voyeurism. Learn how these laws interact with the practice of "upskirting."

What Is Upskirting?

"Upskirting" describes the act of secretly recording an image or video of another person's private parts, often shot surreptitiously up the skirt of an unsuspecting woman in a public place. Some people take these images for their own private viewing, but others post them on websites.

Is Upskirting Illegal?

Many states have enacted laws that specifically make it a crime to surreptitiously photograph or otherwise record images taken of people's "intimate areas" without their consent. In general, these statutes define "intimate area" as parts of the body or undergarments covered by clothing in public and intended to be protected from public view. (For example, see Wash. Rev. Code § 9A.44.115 (2025).)

Many upskirting provisions fall under states' voyeurism, peeping tom, and invasion of privacy criminal laws. A few states—like Georgia—created laws specifically targeting upskirting activities. Georgia's law is titled "use or installation of device to film underneath or through an individual's clothing under certain circumstances." (Ga. Code § 16-11-91 (2025).)

What Proof Is Needed for an Upskirting Conviction?

States' voyeurism, privacy, and upskirting laws vary, but most require proof that the defendant:

• intentionally and secretly recorded images of a person's intimate areas (clothed or unclothed) without consent
• in a place or situation where the subject would have expected to have privacy.

Sexual motive? Some states also require the prosecution to prove the defendant took the photos for sexual gratification or other lewd purposes.

Expectation of privacy. Surreptitious photography laws typically require that the subject have a reasonable expectation of privacy at the time the photograph is taken. So, a patron at a strip club who snaps a shot of the topless pole dancer plying one's trade probably has not violated that law, because the dancer, while semi-nude and even unaware of the photography, did not have a reasonable expectation of privacy. But a person standing in a bus or subway or sitting in a park does have a reasonable expectation of privacy in clothed intimate areas. A person using a changing room or bathroom stall also has an expectation of privacy by being in that location. Privacy is the foundation on which laws against upskirting and other forms of surreptitious image recording are based.

What Are the Penalties for Upskirting?

Upskirting penalties vary significantly. Some states make upskirting a misdemeanor offense, which generally carries up to a year of possible jail time and a fine. A defendant could face harsher misdemeanor penalties or even felony penalties for:

• repeat upskirting or voyeurism convictions
• distribution of the images or recordings, or
• acts committed against minors.

Several states make upskirting a felony right off the bat. A felony conviction carries the possibility of prison time. It could also require sex offender registration.

(Ariz. Rev. Stat. § 13-3019; Haw. Rev. Stat. § 711-1111; La. Rev. Stat. § 14-283; Mass. Gen Laws, ch. 272, § 105; Minn. Stat. § 609.746; N.C. Gen. Stat. § 14-202; S.C. Code § 16-17-470 (2025).)

Defenses to Upskirting Convictions

Defendants commonly challenge the constitutionality of upskirting laws to avoid or overturn a conviction. For instance, a defendant might argue the law is vague or overbroad and, therefore, unconstitutional.

Other defense strategies include challenging the prosecution's case. A lot depends on the exact wording of a state's law. A defense attorney might argue that the defendant wasn't recording covertly or that the images were obtained accidentally while attempting to capture different images. If the law requires the defendant's actions to be sexually motivated, the defense attorney could argue that the prosecution failed to establish this motive or purpose.

Can a Defendant Be Sued in Civil Court for Upskirting?

It's very possible. A victim could potentially sue the defendant for invasion of privacy or infliction of emotional distress. If the defendant posts or shares the images, a victim might be able to sue for nonconsensual dissemination of private images.

Getting Legal Help

If you face criminal charges relating to upskirting, contact a criminal defense lawyer or ask for a public defender. When facing a civil lawsuit, you'll need a lawyer who defends tort claims.