Court Rules "Upskirt" Photos Not Illegal

By: Estephany Escobar Email
By: Estephany Escobar Email

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HARRISONBURG, Va. (WHSV) -- A top court in Massachusetts has ruled that men can legally take pictures of women up their skirts.

The court ruled it is not illegal because the women were not naked or partially naked; however, in Virginia the law is not the same.

If you take a picture or a video of someone without consent and that person is naked or partially naked, you could be charged with a misdemeanor, according to Harrisonburg police.

In addition, if a person does not consent, you cannot take a picture or video of someone, if the lens or recording device is beneath or between the person's legs.

Furthermore, if the person you are taking pictures of is under 18, you could be charged with a felony.

Grace Owens walks at ease knowing this is illegal in Virginia.

"It is the same like any sexual assault really even if it is in the down low, even if it is kind of secretive or whatever. It is the same it is all the same. You are taking advantage of someone without them consenting to it," said Owens.

After the ruling in Massachusetts, some lawmakers pledged to update the state law.


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