Understanding the Criminal Justice System
Upskirting is, very simply, the practice of taking secret photos up someone else’s skirt. Whether it’s done as a prank or for voyeuristic purposes, it’s illegal in Indiana, along with a number of other practices that involve secretly invading someone’s privacy.
Indiana law makes it a crime to use a camera to secretly record an image of someone else’s “private area.” The law clearly defines what “private area” means: it’s the “naked or undergarment clad genitals, pubic area, or buttocks.” So under Indiana law, it doesn’t matter if the victim is or isn’t wearing underwear; if someone takes an upskirt photo without their permission, it’s a Class A misdemeanor, which can be punished by up to 365 days in the county jail and up to a $5000 fine.
If the person who takes the photo publishes the image, makes it available on the Internet, or sends it to someone else, it’s a Level 6 felony, with possible state prison time of 6 months to 2 years and a fine of up to $10,000. It’s also a Level 6 felony if the person who takes the photo has been previously convicted of a voyeurism charge under that same section in an unrelated case.
One defense written into the voyeurism law is if the person who is being photographed “deliberately exposed their private area.”
The same section of the law also punishes “peeping,” which means looking in a “clandestine, surreptitious, prying, or secretive” way, either on someone else’s property or home, or into an area where the person “reasonably can be expected to disrobe,” such as restrooms,
bathrooms, locker and dressing rooms, and the like. Peeping is a Class B misdemeanor.
It’s also illegal to fly a drone over someone else’s property “with the intent to peep” for purposes of taking pictures of someone while they’re in their home or on a part of their property that’s not visible to the public. This crime, called “remote aerial voyeurism,” is a Class A misdemeanor unless, as with upskirting, the photo is distributed. In that case, it is a Level 6 felony.
The experienced criminal law attorneys at Razumich & Associates have helped clients all across Indiana defend themselves in a wide range of criminal cases, including ones under Indiana’s voyeurism statute. We understand how a criminal conviction can turn your life upside down, and we’re ready to provide you with a strong and aggressive defense, one that will protect your rights. Call us today at 317-449-8661 or use our contact form to schedule a confidential consultation with one of our experienced criminal defense attorneys. We’re ready to listen and to help!
