An e-mail from Indiana Senator Tom Wyss:
Wyss proposes ‘Upskirt’ photo ban to help protect innocent Hoosiers
State Sen. Tom Wyss filed legislation Tuesday to help protect Hoosiers by making it illegal to take or distribute ‘upskirt’ pictures or video of a person in public.
“I felt compelled to author this legislation after hearing public concerns and media reports about a loophole in Indiana’s voyeurism law that doesn’t prohibit individuals from taking video or pictures of another person’s private area in public,” Wyss said. “As camera phones have become more popular, the ability for people to secretly take photographs has dramatically increased.”
Current law prohibits taking photos of a person without his or her consent in a private place – bath, dressing room, restroom and shower – but provides no protection for public places and does not yet address the Internet.
If passed, Senate Bill 101 would make taking an inappropriate picture or video a Class ‘A’ misdemeanor – a crime punishable by up to one year in prison. If the person publishes or forwards an image via the Internet the crime becomes a Class ‘D’ felony – punishable by up to three years in prison.
“Voyeurs are taking advantage of new technology to secretly film and photograph unsuspecting victims in compromising positions,” Wyss said. “Some of these opportunists then publish the video or images on Web sites featuring inappropriate shots of women in public places. Advances in technology have made updates to our law a necessity.”