Utah Upskirting Laws: What Defendants Need to Know

 Posted on October 09, 2025 in Assault and Domestic Violence

Many people may not have even heard of the term "upskirting" (which basically means photographing or recording under someone’s clothing without that person’s consent. Utah prosecutes these crimes under its voyeurism statute (Utah Code Section 76-9-702.7).

The state of Utah takes hidden camera and upskirting cases very seriously, treating them as invasive crimes that violate another person’s privacy. In Utah, secretly recording someone without consent where there is a reasonable expectation of privacy can result in severe criminal charges.

Upskirting in particular can potentially be a felony offense, requiring sex offender registration and long-term consequences. If you are facing these types of charges, it is essential that you speak to a knowledgeable Salt Lake City, UT criminal defense lawyer as quickly as possible. The sooner your attorney can start building a solid defense on your behalf, the better the outcome you are likely to have.  

Situations That Can Lead to Upskirting or Voyeurism Charges

There are laws against recording someone in bathrooms, dressing rooms, bedrooms, or any area where the individual has a reasonable expectation of privacy. Some scenarios that could result in voyeurism charges include:

• Placing a hidden camera in a hotel room, bedroom, or bathroom to record an individual without his or her knowledge.
• A landlord who sets up recording equipment in tenants’ apartments.
• Secretly watching someone undress through a bedroom or bathroom window (peeping).
• Installing hidden recording devices in rental properties, such as Airbnb, to spy on guests.
• Placing a recording device at work in the break room, locker room, or staff bathroom.
• Placing a camera or peeping at a gym locker room, or a commercial gym changing room.
• Sharing or selling images or recordings obtained through voyeurism, even if the individual is not the one who created the image or recording.
• Using a cell phone to take a video up a woman’s skirt while on public transportation.
• Taking unauthorized photos or videos under someone’s clothing as they climb stairs.
• Using a device to record someone in a public restroom, or "peeping" underneath a bathroom stall.

Penalties for Voyeurism Crimes

Watching someone without a recording device is usually a Class B misdemeanor. When a camera or electronic device is used, the charges are elevated to a Class A misdemeanor. If a person sells, transmits, or displays the recorded material, they can be charged with a third-degree felony. If the victim is a minor, the charges increase; if the victim is under the age of 14 and a recording device is used, a third-degree felony will be charged.

A Class B misdemeanor has penalties of up to six months in jail and a maximum fine of $1,000. A Class A misdemeanor has penalties of up to 364 days in jail and a maximum fine of $2,500. Both classes of misdemeanor offenses can result in probation, community service, and/or mandatory counseling, along with the potential of being placed on the Utah Sex Offender Registry.

A third-degree felony charge can result in up to five years in prison and a maximum fine of $5,000. Being placed on the Utah Sex Offender Registry is likely for a felony voyeurism offense. Other consequences can include community service, counseling, and being sued in civil court by the victim. It can be extremely difficult to obtain employment with a felony record, especially if the Utah Sex Offender Registry is involved.

Contact a Davis County, UT Criminal Defense Attorney

Prosecutors in Utah treat voyeurism cases aggressively, making it crucial for you to have a highly experienced Salt Lake City, UT sex crimes lawyer from Collins Rupp, P.C. on the case quickly. Early intervention can sometimes reduce charges or avoid sex offender registration. Attorney Rupp is a retired U.S. Marine Corps officer, while Attorney Collins began his career in the auto industry. These diverse backgrounds bring benefits to our clients. Call 385-777-2753 for a free consultation.