There are laws in place in Georgia that protect individuals from being photographed in private places without consent. This is a great law that protects women (and men) from people that like to divulge in their…unique hobbies. We don’t have to worry about pictures being snapped of us in our superhero underthings while changing into Xena Warrior Princes costumes in the restroom to photobomb people at the mall. And while there are still people that hide cameras in changing areas and bathrooms, we know they will be charged with Invasion of Privacy once they are caught, tried, and convicted.
But there is a problem with this law; there is a loophole that allows upskirt photos without any legal consequences. Georgia Code O.C.G.A. Section 16-11-62(2) states that “[it] shall be unlawful for…[any] person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view…” The thing is, the law does not state or define “private place,” so it is assumed to be changing areas and restrooms, not what is hidden beneath a skirt or dress.
And while in states like Texas and Massachusetts, it is illegal to snap upskirt photos, in Georgia and other states, the perpetrator can ‘sneak' up behind a woman in a public place (supermarket, library, comic book store) and snap a photo of her underthings without any consequences.
WALB News Ten’s Dante Renzulli reported that “Due to a technicality, the Georgia Court of Appeals recently ruled invasion of privacy laws in Georgia do not include sneaking a photo up a woman's skirt in public.” This happened after a court case in Houston County, Georgia was overturned. According to WRDW 12's Kelly Wiley and Ben Billmyer , a man by the name of Brandon Lee Gary was arrested for sneaking a picture up a woman’s skirt in a Publix. After the initial conviction for the crime, the conviction was overturned due to the law’s wording. This incident, however, made it legal for people to take these kinds of invasive photos without being arrested. Lawmakers cannot amend or fix this law until the next General Session in the Spring of 2017.
At the end of Renzulli's article, the reporter states that “[until] then, women in Georgia should be extra aware of their surroundings while wearing a skirt or dress in public.”
Here’s the thing, women shouldn’t have to worry about if someone’s going to invade their privacy if they decide to go out in their favorite pleated skirt or polka-dotted dress—we have more pressing matters to worry about. The laws in place should protect the safety and privacy of all citizens regardless of location, not allow for lewd conduct such as sneaking upskirt photos in a grocery store.
