House version of ‘upskirting’ bill approved

Former grocery store clerk Brandon Lee Gary, who used his cellphone to take video up a woman shopper’s dress

Former grocery store clerk Brandon Lee Gary, who used his cellphone to take video up a woman shopper’s dress

The Georgia House on Friday approved legislation making it illegal to secretly film or take photographs of a person’s private parts, the second such bill to advance in the General Assembly this year.

The Senate on Wednesday passed its own version.

House Bill 9, sponsored by Rep. Shaw Blackmon, R-Bonaire, passed 156-1. Rep. Beth Beskin, R-Atlanta, was the only "no" vote.

Both bills are in response to a 2016 Georgia Court of Appeals ruling that overturned an invasion-of-privacy conviction against a grocery store clerk who took videos up a woman's skirt while she was shopping.

HB 9 would make "upskirting" a felony, with a prison sentence of up to 5 years. Senate Bill 45 is nearly identical, although it includes fines of up to $100,000.

Beskin said while she agrees the practice of “upskirting” is horrendous, she is concerned that over time HB 9 would lead to “modesty” laws that encourage or require “women to drape ourselves in heavy clothing to avoid something like this.”