Anti-upskirt bill goes to sub-committee

WANE TV

Aishah Hasnie

Updated: Jan 12, 2011 2:40 PM

A bill that would make taking and distributing upskirt pictures or videos a felony, has been moved to a sub-committee to be re-worked after getting a hearing at the statehouse, Tuesday.

If passed, the bill would make taking upskirt pictures or videos a class A misdemeanor and distributing them a class D felony.

Senator Tom Wyss (R-District 15) authored the bill after NewsChannel 15 discovered a loophole in the state's voyeurism law in 2009. The statute is limited to locations where a person is expected to disrobe and does not included public places.

In 2009, Dekalb County prosecutor Clara Mary Winebrenner could not press charges against an Ashley man who was accused of taking cell phone pictures up a minor's skirt at a video store.

"It's always hard when there's a wrong and no remedy," said Winebrenner.

Winebrenner was at Tuesday's senate committee hearing to testify. But she offered some advice that led lawmakers to question the bill's current language. Winebrenner suggested the bill was too complex.

"The current proposed bill is sort of the kitchen sink approach of everything you might think of putting in," said Winebrenner. "That's a difficult way to approach criminal law."

Some senators were already uncomfortable with the bill's consequences. They argued that Indiana jails are already full of felons and the state doesn't need any more. Senator Wyss told NewsChannel 15, that's not the point of the bill.

"Its a deterrent," said Wyss. "So what we're trying to do is you're trying to create a law where someone knows that kind of conduct is illegal and you would be punished by the law if you committed it."

After questioning, which lasted nearly 45 minutes, the senate committee called for a close of discussion and sent the anti-upskirt photography bill to a sub-committee to be re-worked.

Wyss says a date for the bill's next hearing could be set this week.

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