Upskirting refers to the covert photographing or filming under a person’s skirt or dress without their consent. This is not harmless behavior, but rather a deliberate violation of privacy. Such recordings can be extremely distressing for those affected, particularly when they are disseminated.
The legislature has responded to this issue: Since 2021, upskirting has been a criminal offense in Germany and is punishable by a fine or imprisonment of up to two years. Anyone accused of such an act should be aware of their legal options. In this article, you will learn how to respond to an accusation of upskirting and what you need to know.
Have you been accused? Seek expert criminal law assistance as soon as possible. As experienced criminal defense lawyers, we have already achieved early termination of proceedings, reduced sentences, or acquittals for many clients. We are happy to provide you with legal assistance if you are facing an accusation and offer comprehensive advice on a possible defense strategy. Feel free to arrange an initial consultation with us at any time.
What Is Upskirting?
Upskirting refers to the covert photographing or filming under a person’s skirt or down their neckline without their consent. The victim often does not notice that a recording has been made, as the act typically occurs undetected. The recordings are frequently created for personal use or distributed online.
Since January 1, 2021, upskirting has been a criminal offense in Germany. The legislature has incorporated this offense into the Criminal Code (StGB) to strengthen the protection of privacy. Upskirting falls under Section 184k StGB, which criminalizes the unauthorized creation and distribution of such images.
According to Section 184k StGB, anyone who intentionally creates or distributes an image of another person’s intimate area in a manner likely to violate that person’s sexual self-determination is subject to punishment.
What Penalty Is Imposed for Upskirting?
Anyone found guilty of upskirting faces imprisonment of up to two years or a fine. The penalty depends on the circumstances of the individual case and the severity of the offense. Particularly relevant is whether the recordings were distributed or whether the offense was repeated.
In addition to criminal prosecution, an accused person may also face civil consequences. The victim has the right to seek injunctive relief and damages. Furthermore, deletion of the created recordings may be demanded. Anyone who distributes or publishes images online also risks a lawsuit for violation of general personality rights.
Are There Additional Criminal Offenses That May Apply in Upskirting Cases?
In addition to the specific criminal offense of upskirting under Section 184k StGB, there are other criminal offenses that may be fulfilled in connection with such conduct.
- Violation of the Highly Personal Sphere of Life Through Images (Section 201a StGB): This offense may apply when an image is taken in a particularly protected area, such as a private space or a shielded public area. It constitutes a more serious violation of privacy when the recordings are made covertly and without the consent of the person concerned.
- Insult (Section 185 StGB): In some cases, the accused’s conduct may be classified as an insult if the image is intended to degrade the dignity or reputation of the person concerned. The unauthorized publication or distribution of such recordings could be considered public humiliation, which could result in criminal insult charges.
- Distribution of Pornographic Content (Section 184 StGB): If the image material is offered to or made accessible to persons under eighteen years of age, the criminal offense of distributing pornographic content may be fulfilled. Furthermore, if the image material depicts a person under fourteen or eighteen years of age and the material is classified as pornographic and even distributed, additional criminal offenses such as distribution of child pornography (Section 184b StGB) or distribution of youth pornography (Section 184c StGB) may be fulfilled.
- Right to One’s Own Image (Section 22 KUG): In addition to criminal consequences, civil claims such as injunctive relief or damages may also be asserted if the image is distributed or published without consent.
In any case, accused persons should be aware that an accusation of upskirting is not a trivial offense and can have far-reaching consequences—beyond the offense under Section 184k StGB. Therefore, contact an experienced criminal defense attorney as soon as possible.
How a Criminal Defense Attorney Can Support You When Accused of Upskirting
An experienced criminal defense attorney can provide crucial support in various ways if you are accused of upskirting. First, they will review the investigation file to gain an overview of the evidence and identify potential weaknesses in the prosecution’s case. If clear evidence is lacking, they will adjust the defense strategy accordingly.
Another important aspect is advising you regarding your statement. A criminal defense attorney will inform you that you are not obligated to make a statement to the police or prosecutor’s office without legal representation. Hasty statements could later complicate your defense.
Furthermore, the attorney can seek dismissal of the proceedings or assert possible mitigating factors. During trial, the criminal defense attorney ensures that your rights are protected. The goal is to achieve the best possible outcome for you, whether that is dismissal of the proceedings or a reduction of the penalty.
How Should I Conduct Myself as an Accused Person in an Upskirting Case?
If you are accused of a criminal offense in connection with upskirting, it is crucial to remain calm and take the accusation seriously. Such allegations often have far-reaching consequences and cannot simply be dismissed. Therefore, contact an experienced criminal defense attorney immediately to obtain legal advice and protect both your interests and your reputation.
In connection with an accusation of upskirting, a search may also occur, particularly if the investigating authorities wish to secure evidence such as photos, videos, or other digital recordings on data storage devices such as mobile phones, computers, or storage media. During such searches, it is important to remain calm and request the support of your criminal defense attorney.
Avoid hasty decisions and do not make any statement to the police or prosecutor’s office without legal advice. If you receive a police summons, there is no obligation to comply. It is strongly recommended to speak with an attorney beforehand, who can request access to the file and review the evidence.
If you receive a summons from the prosecutor’s office, you are generally required to appear. In consultation with your criminal defense attorney, the appointment may be postponed or canceled under certain circumstances.
Should you nevertheless come into contact with the investigating authorities, exercise your right to remain silent. A hasty statement can significantly complicate your defense. Particularly in cases involving accusations such as upskirting, careful examination of the evidence is essential—therefore, well-founded legal advice from our experienced criminal law firm is crucial.
As experienced criminal defense attorneys, we have already achieved early dismissal of proceedings, reduced sentences, or acquittals for many clients. We are happy to provide legal representation if you face an accusation and will advise you comprehensively on a possible defense strategy. Schedule an initial consultation with us at any time.
