Carlos Gamino is a criminal defense lawyer working in Milwaukee, Wisconsin, who always keeps tabs on new laws and changes to existing laws. This one, though, is something you’ve probably never heard of—and you should be glad for that.
We’ve all seen more than enough “selfies” to last a lifetime. Teens and adults walking around snapping photos while making the most ridiculous faces, stopping wherever they please to take a quick shot.
But this is worse.
Upskirting, the practice of sneaking a photo of someone’s most intimate areas without his or her consent, isn’t really new… but its popularity is.
State lawmakers here in Wisconsin are attempting to make upskirting a crime. Right now, it’s simply treated as an invasion of privacy; it carries a punishment of up to nine months in jail.
If lawmakers succeed, an upskirting conviction would result in a Class I felony.
The catch now is that people aren’t entitled to have a “reasonable expectation of privacy” under their skirts, up their shorts, or down their shirts. (If you just read that and shook your head, I know. So did I.)
That means if you’re wearing a skirt, you can’t expect that someone won’t snap a photo of anything visible underneath—even if they have to hold the camera at an odd angle, turn on the flash and wait until you shift your weight from one foot to the other. That means if you’re wearing shirt that droops away from your breasts, someone could snap a picture without your consent; after all, you don’t have a reasonable expectation of privacy beneath your shirt.
I’m really interested in what you think. Should men and women have a reasonable expectation of privacy beneath their clothing? How would you feel if someone got a compromising photo of your genitals or breasts without your consent and got away with it?
Share your thoughts on my Facebook page. This is something we all need to discuss!