ANNAPOLIS, Md. – Bills that would ban taking and distributing so-called “upskirt” and “downblouse” photos without consent will be introduced again during next year’s legislative session, a Maryland lawmaker announced.
Under current state law, it is illegal to take photographs or video with prurient intent in places where someone has a reasonable expectation of privacy, such as a store changing room. However, public areas are not covered under the law and courts have ruled women do not have a reasonable expectation of privacy in a public place. One of the bills proposed by Delegate Neil Quinter [pictured] would add that protection, while the other would make it a crime to electronically distribute the photos or videos.
“Up women’s skirts and down their blouses are private places,” Quinter said. “However, right now Maryland law says it’s A-OK to take pictures up women’s skirts and down their blouses, as long as you do it in a public place.”
One such victim is Shelley Lebel. Lebel said pictures of her were taken without her knowledge while she dined at a Baltimore restaurant. She learned about the photos two weeks later when she returned to the restaurant and the young man who had taken the photo from an upper level dining area showed her the picture on his cell phone, saying “You’re my favorite.”
“If Britney Spears can get her baby pictures taken off the web with threat of legal action, then Maryland women should be able to get unsolicited pictures off the web as well,” Lebel said.
The bill that would ban the taking of the photos was passed by the House of Delegates during the last legislative session, but did not come up for a Senate vote before the session ended. The other did not come up for a vote in the House, Quinter said.
“We’re prefiling it this year and hope to get an early hearing to get it out of the house earlier in the session,” Quinter said.
The Howard County Democrat Quinter said he is submitting the legislation at the request of the Maryland Coalition Against Sexual Assault. Quinter said he began working on the two bills after passing a bill in the 2004 session to increase penalties under the current law.
A total of 24 states have passed upskirting laws, including a bill that was sent Monday to Pennsylvania Gov. Edward Rendell, Quinter said. In December, President Bush signed into law the Video Voyeurism Prevention Act, but it only bans the practice on federal land.
Lisae Jordan, legislative counsel to the Maryland Coalition Against Sexual Assault, said Maryland’s law should be changed.
“Right now, in Maryland, the law defines private places as tanning booths and dressing rooms. We think up your skirt and down your blouse are private places too, and our law should recognize that,” Jordan said.