HARRISBURG, Pa. (KYW Newsradio) — The Pennsylvania House of Representatives passed legislation Monday aimed at stiffening penalties for so-called "upskirting" photos this week. Now it's in the hands of the state Senate.
As the name implies, upskirting is taking a photo up a skirt or down a blouse, generally without the knowledge of the victim, then posting it online.
Bucks County Republican state Reps. Craig Staats and Shelby Long are the bill's sponsors.
"Upskirting is not only an egregious invasion of privacy, it is a crime that robs its victims of their trust, security, and self-confidence," said Staats.
Prosecutors like Bucks County District Attorney Matt Weintraub say it's been a problem for years as the laws haven't kept up with technology and phones with cameras.
"If this law gets passed, then it certainly will be specific enough to say you are now on notice," warned Weintraub. "If you didn't know it before, you certainly cannot do this to a child or a student."
Weintraub pointed to Francis Reppert, a teacher in county jail after he was convicted of a misdemeanor charge of taking a picture up the skirt of a student in class, using his school-issued iPad.
"When we dumped all of his technology, we determined he had taken upskirt photos of three students total, and he had also shared those photos with strangers on the internet," he said.
But since none of the photos fit the definition of child pornography, Weintraub says charging the crimes was like putting a square peg in a round hole.
Under the law, it would be a third-degree felony carrying up to seven years in prison if a teacher upskirts a student, or if an adult upskirts a minor. A second offense would be a second-degree felony which carries up to 10 years.