Ky. looks to change state's 'upskirt' laws - KLTV.com-Tyler, Longview, Jacksonville, Texas | ETX News

Ky. looks to change state's 'upskirt' laws

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KENTUCKY (FOX19) -

Did you know it's not always illegal in Kentucky to snap a photo up a woman's skirt without her knowledge?

Soon that could change.

A Kentucky Senate Committee approving a bill Thursday in response to a court case in Massachusetts. Police had arrested a man for taking cell phone pictures of a woman while riding a subway. Last week, a court ruled it was legal to take so-called 'upskirt' photos because Massachusetts law wasn't clear.

"What's being termed as 'upskirting,' I think is absolutely an assault on an individual and it should be prosecuted," said Covington Police Chief Spike Jones.

Jones says they don't see a whole lot of cases involving upskirting, but this has the potential to be a bigger issue because of the advancement in cell phones and smaller cameras.

"As technology changes I think we have to change. Our laws have to change to meet some of those challenges that technology brings with it and this was one of those," said Jones.

But not everyone thinks upskirting is all that bad.

"I think it's pretty harmless but I am more open than the average person so I would never be offended if it happened to me, it just happens," said a Tri-State woman who gave her take on the issue to FOX19.

She says whether charges are filed or not should be up to the one who's picture is taken. 

"Me personally, I wouldn't want anyone prosecuted for it but I guess it depends on the individual," she said.

Commonwealth Attorney Rob Sanders says it is currently a felony to take upskirt pictures of women who aren't wearing any underwear -- because this level of voyeurism involves genitals, but this bill would also make it punishable for those wearing underwear. 

"I hope that it modifies their social norms so that this isn't acceptable behavior and they understand that," said Col. Jones. 

"They should get some type of punishment so maybe it would deter some of the freaks from doing it," said Tracy Lane. 

Similar legislation is already in place in Ohio and Indiana. Those who break the law face thousands of dollars in fines or even jail time. 

The bill making upskirting a Class A misdemeanor in Kentucky now moves to the full Senate for consideration.

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