The state Senate voted Tuesday unanimously to pass a bill that would criminalize people who take “upskirt” pictures, a law not yet addressed in Wisconsin.
Rep. Jim Ott, R-Mequon, co-authored the bill in January with Sen. Alberta Darling, R-River Hills, to make “upskirting” — the act of secretly taking a photo of someone’s genitals, buttocks or breasts — a stand-alone felony.
Wisconsin’s current law has no reference to such a crime, and courts were confused because state law does not specify if the person has to be nude or not, according to Darling’s statement. The new law would suggest even photographing under someone’s clothes is a crime.
The Assembly unanimously passed the bill in January. It reached delay in the Senate because some senators thought the felony charge, with a punishment up to three-and-a-half years in prison, was too severe, according to the Associated Press.
But, as AP reported, Ott said the punishment fits the crime, as upskirting can leave victims traumatized. Ott was in an Assembly session Tuesday and could not comment for this report.
Madison Police Department spokesperson Joel DeSpain said upskirting isn’t common in the city, but it does happen. Those who do commit the crimes are often multiple offenders, he said.
Since upskirting is not yet a crime, DeSpain said MPD has been charging offenders with disorderly conduct when they come across such cases.
“With this new bill, it would give us a new tool to charge those who are offending … with a crime in and of itself, not just something generic,” DeSpain said.
University of Wisconsin Police Department Captain Peter Ystenes was fired in May 2014 for taking thousands of photos and videos of unsuspecting over a span of six years, Wisconsin State Journal reported.
UWPD Sgt. Nicolas Banuelos said as far as he knows, the investigation for Ystenes’ case is still ongoing.
Banuelos said he is not sure about how often upskirting issues happen on campus, but UWPD has assisted in cases throughout Madison.
“It’s an issue across not just campus, but the community at large,” Banuelos said.
He said UWPD charges upskirting crimes on a case by case basis.
DeSpain said MPD has seen several victims of upskirting and in a recent case, a victim called for a law to specifically criminalize upskirting.
“We are advocates for our victims,” DeSpain said. “We feel that there is good reason to have an upskirting law and not just to rely on disorderly conducts statutes.”
Evident from the unanimous vote, the bill had bipartisan support.
The two legislators who authored the bill are Republican, but Rep. Melissa Sargent, D-Madison, also approved.
“This bill ensures that victims in our communities will have recourse and justice in the future,” Sargent said in a statement. “I am glad that the legislature has taken action to address it this session.”
The bill will next move to the governor’s office to be signed into law.
