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For all the holes in some state laws, many do have legislation in place to prosecute those who take upskirts and similar photography, such as North Carolina, where a man was recently sentenced to three years probation for taking photos up girls' dresses at church.But many such photos and videos don't stay on the devices that capture them; they are instead put online, where women who are unaware they have been photographed—and haven't given consent for the use their images—drive web traffic and revenue through advertising and membership fees.A quick Google search will show that there is no shortage of voyeuristic content online, be it illegal upskirt photos or images of women in public (what is commonly referred to as a "creepshot"). And as LAPD Commander Andrew Smith explained, the latter, in most cases, is perfectly legal.Smith said that when in public, people may record others with or without consent, a point reaffirmed by Eugene Volokh, the Gary T. Schwartz Professor of Law at University of California Los Angeles (UCLA), who has written extensively on First Amendment issues, including the right to take photographs."It's not a crime for photographers to take pictures of what's publicly visible in public places and then distribute those photographs." –Eugene Volokh
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