Upskirting is the act of secretly or surreptitiously photographing underneath a woman’s dress or skirt. Because upskirting often occurs in public places, laws prohibiting the practice have been challenged on the ground that the victim does not have a reasonable expectation of privacy.
Laws regarding upskirting behavior—including photographing or videotaping a person in a bathroom or changing room—vary from state to state. In some states this conduct is prosecuted as a criminal offense under invasion of privacy, voyeurism, unlawful surveillance, surreptitious recording, disorderly conduct, or public lewdness statutes—depending on the state and its current laws.
Upskirting and the related criminal offenses for which upskirting may be prosecuted are located in a state’s statutes—often in the penal or criminal code.
In Oklahoma, upskirting is considered illegal and is addressed under the state's Peeping Tom laws and statutes related to voyeurism. Specifically, Oklahoma law prohibits the willful and wrongful recording or photographing of a person's private areas without consent when that person has a reasonable expectation of privacy. This includes any surreptitious recording or photographing underneath a woman's dress or skirt. Violations of these laws can result in criminal charges, which may include fines and imprisonment. The relevant statutes can be found in the Oklahoma penal code, which outlines the specific elements of the offense and the associated penalties. It is important to note that the interpretation and enforcement of these laws can evolve, so for the most current information or legal advice, consulting with an attorney is recommended.