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 Ohio, upskirting is considered a criminal offense and is addressed under the state's voyeurism laws. Ohio Revised Code Section 2907.08 prohibits voyeurism, which includes the act of surreptitiously invading the privacy of another to capture images of a sexual nature, such as upskirting. This law makes it illegal to trespass or secretly invade someone's privacy for sexual gratification. The law applies even if the victim is in a public place, countering the argument that there is no reasonable expectation of privacy. Depending on the circumstances, individuals caught engaging in upskirting in Ohio could face charges of voyeurism, which is typically a misdemeanor, but can be a felony if the victim is a minor or if the perpetrator has prior offenses. Additionally, if the conduct occurs in places like bathrooms or changing rooms, it could also be prosecuted under different statutes that protect individuals from being photographed or recorded without consent in areas where they have an expectation of privacy.
