Lawmakers vote to make ‘upskirting’ a felony (UPDATE)

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By DANA FERGUSON
Associated Press

MADISON, Wis. (AP) — The Wisconsin state Assembly voted Thursday to make “upskirting” — the act of secretly taking a photo of someone’s genitals, buttocks or breasts — a felony punishable by up to 3-½ years in prison.

The Assembly passed the measure with bipartisan support on a voice vote. It now heads to the Senate.

The offense is currently handled as an invasion of privacy, which is a misdemeanor that carries up to nine months in jail.

Bill sponsors Rep. Jim Ott, R-Mequon and Rep. Melissa Sargent, D-Madison, said they heard concerns from constituents about more frequent cases of upskirting cases. And district attorneys have testified that they’ve struggled with a loophole in the current law.

Ott and Sargent said they believe every person should have an expectation of privacy under his or her clothes, even in public spaces. But without swift legislative action, Ott said, there could be an “open season” for arguments like one being made in a state court of appeals.

Jesse Schmucker, 31, was convicted in Ozaukee County Circuit Court in April of a misdemeanor after taking photos up a woman’s skirt at a grocery store. He had argued that a woman did not have the expectation of privacy in a public space.

Rep. Fred Kessler, a Milwaukee Democrat, said Thursday that the maximum sentence was too harsh for the crime, especially for first-time offenders.

“At age 18, this is a draconian penalty,” Kessler said.

Ott countered that, saying victims believe the punishment merits the crime. The bill also allows for offenders age 25 and under to expunge the offense from their record if they successfully complete their sentence. Follow @bydanaferguson