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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116817
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I think my coworker tried to take a picture up my skirt and

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I think my coworker tried to take a picture up my skirt and may have had a camera hidden under my desk. I cant prove it but i want to confront him. His a jerk but i don't want to ruin his life. what kind of trouble would he be in if I pressed charges and can I press charges? I live in the new york city area
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under NY law, "Stephanie's Law" prohibits "unlawful surveillance," which is defined as (1) the installation of "an imagining device" with no legitimate purpose other than surreptiously viewing or recording another person in a bedroom, bathroom, changing room, or other specified room; (2) for the purposes of sexual arousal or gratification, the use or installation of an imagining device that surreptiously views a person dressing or undressing when that person has a reasonable expectation of privacy; (3) the use or installation of an imagining device to surreptiously view under the clothing of a person (commonly known as "upskirting"); or (4) for amusement, entertainment or profit, or to abuse or degrade the victim, the use or installation of an imaging device to surreptiously record another person dressing or undressing when that person has a reasonable expectation of privacy. A person who is found guilty of these crimes, which are rated as class D felonies, can be sentenced to a jail term of between 2 and 7 years, and, if so sentenced, must register with the State's Sex Offender Registry after release.

Thus, what he did, if you have evidence of it would be a felony and he would go to prison and would be a lifetime sex offender. So yes, you would ruin his life and you should ruin it if you have evidence of him actually doing this because his conduct would be unacceptable and illegal.

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Customer: replied 4 years ago.



But how does this apply to my specific situation. I have no real proof and he did not see me get dressed or undressed since I think he took the picture under my desk or while I was standing?

Thank you for your response.

Like any criminal claim or any civil complaint you have, you must have proof. The information above is what can happen if you do have or find proof. If you have no proof at all other than what you think, then all you can do is make a complaint to your employer. Without any proof, all you have is a mere suspicion and people cannot be convicted or arrested or even terminated from work just on a mere suspicion because you think something might have been done. I am afraid you must get some proof and he did not need to see you getting undressed, "upskirting" as referred to in the law is taking a picture up someone's dress.
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