Upskirting is the act of secretly or surreptitiously photographing underneath a woman’s dress or skirt. Because upskirting often occurs in public places, laws prohibiting the practice have been challenged on the ground that the victim does not have a reasonable expectation of privacy.
Laws regarding upskirting behavior—including photographing or videotaping a person in a bathroom or changing room—vary from state to state. In some states this conduct is prosecuted as a criminal offense under invasion of privacy, voyeurism, unlawful surveillance, surreptitious recording, disorderly conduct, or public lewdness statutes—depending on the state and its current laws.
Upskirting and the related criminal offenses for which upskirting may be prosecuted are located in a state’s statutes—often in the penal or criminal code.
In Texas, upskirting is considered illegal and is addressed under the state's 'Improper Photography or Visual Recording' law, which is found in the Texas Penal Code. Specifically, Texas Penal Code Section 21.15(b)(1) makes it a state jail felony to photograph or record a visual image of another person's intimate area without their consent, and with the intent to arouse or gratify the sexual desire of any person, when the other person has a reasonable expectation of privacy. This law covers the act of upskirting, which typically involves taking unauthorized photographs or videos underneath a person's clothing in a public place where there is an expectation of privacy. The statute has been crafted to overcome challenges related to the expectation of privacy in public places by focusing on the intent of the person taking the photograph or recording and the circumstances under which it is taken. Violators can face significant legal penalties, including imprisonment and fines.
