Editing Upskirt (section)

===United Kingdom===
====England and Wales====
{{main article|Voyeurism (Offences) Act 2019}}

Since April 2019, upskirting has constituted the specific offence of [[voyeurism]] under the [[Sexual Offences Act 2003]]. It is defined as creating images of or operating equipment to view genitals, buttocks or underwear beneath clothing where they would not normally be visible, for the purpose of sexual gratification or to cause humiliation, alarm or distress. The maximum sentence for the offence is two years' imprisonment and in the more serious sexual cases those convicted are added to the [[Violent and Sex Offender Register]].<ref>{{cite press release|url=https://www.gov.uk/government/news/upskirting-now-a-specific-crime-after-bill-receives-royal-assent|title='Upskirting' now a specific crime as bill receives Royal Assent|author1=Ministry of Justice|first2=Lucy|last2=Frazer| author2-link=Lucy Frazer|website=gov.uk|publisher=Government Digital Service|date=12 February 2019|access-date=12 February 2019}}</ref><ref>{{Cite legislation UK | type = act | year = 2019 | chapter = 2 | act = Voyeurism (Offences) Act 2019 }}</ref><ref>{{cite news|url=https://metro.co.uk/2019/01/15/upskirting-finally-going-made-criminal-offence-8348345/|title=Upskirting is finally going to be made a criminal offence|author=Jane Wharton|date=15 January 2019|newspaper=Metro News|access-date=16 January 2019|archive-date=16 January 2019|archive-url=https://web.archive.org/web/20190116200808/https://metro.co.uk/2019/01/15/upskirting-finally-going-made-criminal-offence-8348345/|url-status=live}}</ref>

Before 2019, there were no specific laws against upskirting in [[England and Wales]].<ref name="inews_30082017">{{cite news | last = Secret barrister | title = Upskirting: Why a new law is needed to stop mobile phones being shoved up women's skirts | url = https://inews.co.uk/opinion/new-criminal-laws-rarely-required-law-upskirting/ | work = [[i (British newspaper)|i News]] | date = 30 August 2017 | access-date = 3 November 2017 | archive-date = 2 September 2017 | archive-url = https://web.archive.org/web/20170902171246/https://inews.co.uk/opinion/new-criminal-laws-rarely-required-law-upskirting/ | url-status = live }}</ref> When upskirting took place in public, it was outside of the scope of the offence of voyeurism under the Sexual Offences Act 2003.<ref>{{cite book | last = Conner | first = Paul | title = Blackstone's Police Manual 2017 Volume 1: Crime | publisher = Oxford University Press | location = Oxford, United Kingdom | year = 2016 | isbn = 9780198783053 }}</ref> Nevertheless, prosecutions for upskirting were successful under the [[common law]] offence of [[outraging public decency]], which requires the presence of at least two other people and for the act to be done in a public place.<ref>{{cite news|url=http://www.croydonguardian.co.uk/news/8894074.Croydon_man_convicted_of_taking_pictures_up_women_s_skirts/|title=Croydon man convicted of taking pictures up women's skirts|last=Miller|first=Harry|date=7 March 2011|work=[[Croydon Guardian]]|access-date=5 January 2015|archive-date=4 June 2015|archive-url=https://web.archive.org/web/20150604042626/http://www.croydonguardian.co.uk/news/8894074.Croydon_man_convicted_of_taking_pictures_up_women_s_skirts/|url-status=live}}</ref>

Following a public campaign to change the law, a government bill was introduced to the [[House of Commons of the United Kingdom|House of Commons]] on 21 June 2018.<ref>{{Cite news|url=https://news.sky.com/story/weve-done-it-campaigners-celebrate-as-upskirting-criminalised-in-new-government-bill-11412284|title=Campaigners celebrate as government tables bill to tackle upskirting|last=Bradley|first=Sorcha|date=21 June 2018|work=Sky News|access-date=21 June 2018|language=en-GB|archive-date=21 June 2018|archive-url=https://web.archive.org/web/20180621181210/https://news.sky.com/story/weve-done-it-campaigners-celebrate-as-upskirting-criminalised-in-new-government-bill-11412284|url-status=live}}</ref><ref name=":2">{{Cite web|url=https://publications.parliament.uk/pa/bills/cbill/2017-2019/0235/18235.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://publications.parliament.uk/pa/bills/cbill/2017-2019/0235/18235.pdf |archive-date=2022-10-09 |url-status=live|title=Voyeurism (Offences) (No. 2) Bill|date=21 June 2018|website=publications.parliament.uk|access-date=13 July 2018}}</ref> Speaking on the government's behalf in the House of Lords, [[Charlotte Vere, Baroness Vere of Norbiton|Baroness Vere of Norbiton]] said the legislation would also protect men wearing [[Kilt|kilts]].<ref name=":1">{{Cite news|url=https://www.bbc.co.uk/news/uk-politics-44542051|title=Upskirting ban 'also protects men in kilts'|date=19 June 2018|work=BBC News|access-date=20 June 2018|language=en-GB|archive-date=19 June 2018|archive-url=https://web.archive.org/web/20180619234409/https://www.bbc.co.uk/news/uk-politics-44542051|url-status=live}}</ref><ref>{{Cite web|url=https://hansard.parliament.uk/Lords/2018-06-19/debates/706FA876-2706-4326-9F3C-F1DF51D19259/Upskirting#contribution-6B888C88-124A-46E2-BD0D-8538CDD355D9|title=Upskirting - Hansard Online|date=19 June 2018|website=hansard.parliament.uk|language=en|access-date=20 June 2018|archive-date=20 June 2018|archive-url=https://web.archive.org/web/20180620101712/https://hansard.parliament.uk/Lords/2018-06-19/debates/706FA876-2706-4326-9F3C-F1DF51D19259/Upskirting#contribution-6B888C88-124A-46E2-BD0D-8538CDD355D9|url-status=live}}</ref> The Voyeurism (Offences) Act 2019 received [[royal assent]] on 12 February 2019, taking effect two months later.

====Scotland====
Upskirting is a specific offence in [[Scotland]] under the Criminal Justice and Licensing (Scotland) Act 2010. This act, which was passed by the [[Scottish Parliament]], extended the definition of voyeurism to cover upskirting.<ref>{{Cite web|url=http://www.gov.scot/Topics/archive/law-order/criminal-justice-bill|title=Criminal Justice and Licensing (Scotland) Act 2010|website=Scottish Government|language=en-gb|access-date=17 May 2018|date=April 2003}}{{Dead link|date=June 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref>{{Cite web|url=https://www.legislation.gov.uk/asp/2010/13/section/43|title=Criminal Justice and Licensing (Scotland) Act 2010|website=www.legislation.gov.uk|language=en|access-date=17 May 2018|archive-date=17 May 2018|archive-url=https://web.archive.org/web/20180517153310/https://www.legislation.gov.uk/asp/2010/13/section/43|url-status=live}}</ref>

====Northern Ireland====
As in England and Wales before 2019, there is no specific offence of upskirting in [[Northern Ireland]], but can in certain circumstances be prosecuted as the common law offence of [[outraging public decency]].<ref>{{cite news|url=https://www.belfasttelegraph.co.uk/news/northern-ireland/northern-ireland-teen-to-fight-upskirting-charges/37057231.html|title=Northern Ireland teen to fight 'upskirting' charges|work=Belfast Telegraph|date=28 June 2018|access-date=12 February 2019|archive-date=13 February 2019|archive-url=https://web.archive.org/web/20190213064131/https://www.belfasttelegraph.co.uk/news/northern-ireland/northern-ireland-teen-to-fight-upskirting-charges/37057231.html|url-status=live}}</ref>