# Is This Legal **URL:** \ **Category:** Factual Questions\ **Created:** [November 15, 2007, 2:55am UTC](https://boards.straightdope.com/t/is-this-legal/426477 "2007-11-15T02:55:53Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![brazil84](https://avatars.discourse-cdn.com/v4/letter/b/8491ac/32.png) [@brazil84](https://boards.straightdope.com/u/brazil84)\ **Post date:** [November 15, 2007, 2:55am UTC](https://boards.straightdope.com/t/is-this-legal/426477/1 "2007-11-15T02:55:53Z")
So we had parent’s visiting day the other day in my child’s first grade class. The parents were all sitting in little chairs and I took the back row. An attractive mother sat in front of me; she was wearing super low jeans and no panties. Thus, about half of her naked rear end was showing. Normally, this would be sexy. However, in your kid’s first grade classroom it’s not that sexy. Anyway, I had the sudden urge to snap a picture with my camera phone, mainly for laughs but also to embarass the woman into wearing something a little more appropriate to an elementary school. My question is . . . is that legal? All the time I hear about guys who get in trouble for photographing up women’s skirts in public. It seems like this would be different since you aren’t going out of your way to take the picture. (I didn’t actually end up taking the picture so I don’t have anything to share.) Ooops, please close this thread. I double posted, sorry. ---
**Author:** ![Happy\_Scrappy\_Hero\_Pup](https://avatars.discourse-cdn.com/v4/letter/h/ea5d25/32.png) [@Happy\_Scrappy\_Hero\_Pup](https://boards.straightdope.com/u/Happy_Scrappy_Hero_Pup)\ **Post date:** [November 15, 2007, 3:24am UTC](https://boards.straightdope.com/t/is-this-legal/426477/2 "2007-11-15T03:24:13Z")
Legal? Well, here is NOT legal advice from someone who is NOT YOUR LAWYER or even yet A lawyer. It might depend on your jurisdiction, but the difference between photographing evident ass cleavage and an upskirt photo would lie somewhere in “the expectation of privacy.” In other words, a person who leaves the house in lowrise jeans and no underwear MIGHT reasonably be expected to foresee some public exposure. A person wears a skirt specifically not to expose such things. Regardless of your jurisdiction, however, it is classless. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [November 15, 2007, 3:33am UTC](https://boards.straightdope.com/t/is-this-legal/426477/3 "2007-11-15T03:33:06Z")
Upskirt is a matter of voyeurism, and isn’t even illegal in all states. I would imagine that if this were illegal, paparazzi would have to find a new gig. ---
**Author:** ![Happy\_Scrappy\_Hero\_Pup](https://avatars.discourse-cdn.com/v4/letter/h/ea5d25/32.png) [@Happy\_Scrappy\_Hero\_Pup](https://boards.straightdope.com/u/Happy_Scrappy_Hero_Pup)\ **Post date:** [November 15, 2007, 3:37am UTC](https://boards.straightdope.com/t/is-this-legal/426477/4 "2007-11-15T03:37:12Z")
As I understand the term, “upskirt” is used to denote those photos where the photographer contrives to photograph that which is intended to be hidden and is, at the time of the photo, hidden. This would be different than those shots of Britney getting out of the limo; while she MAY have intended everything to be hidden when she put on whatever she was wearing, it was in full view when the flashbulbs were popping. The former is invasive, the latter, less so. I’d prosecute the former, and I believe it should be prosecutable. Not so for the latter. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [November 15, 2007, 3:41am UTC](https://boards.straightdope.com/t/is-this-legal/426477/5 "2007-11-15T03:41:56Z")
[QUOTE=Happy Scrappy Hero Pup] As I understand the term, “upskirt” is used to denote those photos where the photographer contrives to photograph that which is intended to be hidden and is, at the time of the photo, hidden. This would be different than those shots of Britney getting out of the limo; while she MAY have intended everything to be hidden when she put on whatever she was wearing, it was in full view when the flashbulbs were popping. The former is invasive, the latter, less so. I’d prosecute the former, and I believe it should be prosecutable. Not so for the latter. [/QUOTE] Like I said, it depends on the state. A number of state supreme courts have reversed convictions for upskirt shots based on traditional voyeurism law, forcing their legislatures to pass new laws. Most states are updating their law in the area, but not everyone has caught up. ---
**Author:** ![Don\_t\_Panic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/don_t_panic/32/398_2.png) [@Don\_t\_Panic](https://boards.straightdope.com/u/Don_t_Panic)\ **Post date:** [November 15, 2007, 6:29am UTC](https://boards.straightdope.com/t/is-this-legal/426477/6 "2007-11-15T06:29:29Z")
Surely, there are less invasive and more appropriate ways to make her aware that her attire may be out of place. Like slipping a quarter down her crack. That’s always good for a laugh. ---
**Author:** ![denquixote](https://avatars.discourse-cdn.com/v4/letter/d/b9bd4f/32.png) [@denquixote](https://boards.straightdope.com/u/denquixote)\ **Post date:** [November 15, 2007, 7:39am UTC](https://boards.straightdope.com/t/is-this-legal/426477/7 "2007-11-15T07:39:36Z")
Well, whatever you do you don’t ever have to worry about embarrassing her. ---
**Author:** ![danceswithcats](https://avatars.discourse-cdn.com/v4/letter/d/9e8a1a/32.png) [@danceswithcats](https://boards.straightdope.com/u/danceswithcats)\ **Post date:** [November 15, 2007, 5:11pm UTC](https://boards.straightdope.com/t/is-this-legal/426477/8 "2007-11-15T17:11:07Z")
[QUOTE=Peak Banana] Surely, there are less invasive and more appropriate ways to make her aware that her attire may be out of place. Like slipping a quarter down her crack. That’s always good for a laugh. [/QUOTE] Heck, swipe your ATM card. 🆒 ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [November 15, 2007, 6:08pm UTC](https://boards.straightdope.com/t/is-this-legal/426477/9 "2007-11-15T18:08:00Z")
[QUOTE=danceswithcats] Heck, swipe your ATM card. 🆒 [/QUOTE] Or park your bike there. ---
**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\ **Post date:** [November 15, 2007, 7:23pm UTC](https://boards.straightdope.com/t/is-this-legal/426477/10 "2007-11-15T19:23:02Z")
[QUOTE=Peak Banana] Like slipping a quarter down her crack. [/QUOTE] Ice cube.