In autumn 2020, the Bundestag passed the law to "improve the protection of privacy in image recordings". According to this law, secretly photographing intimate areas or the cropped area as well as the dissemination of such images is a criminal offense and is classified as a sexual offense. In addition to so-called "upskirting" and "downblousing", the law also targets rubberneckers at accident scenes and also declares the photographing or filming of accident victims to be a criminal offense.
The newly created § 184k StGB "Violation of the intimate sphere through image recordings" provides for a fine or imprisonment of up to two years. Since January 1, 2021, this new paragraph has supplemented the "Offenses against sexual self-determination" regulated in Section 13 of the German Criminal Code.
(1) A custodial sentence not exceeding two years or a monetary penalty shall be imposed on any person who
- intentionally or knowingly makes or transmits an unauthorized image recording of the genitals, buttocks, female breasts or underwear covering these parts of the body of another person, insofar as these areas are protected from view,
- knowingly makes an authorized image recording of the type referred to in number 1 available to a third person without authorization
(2) The offense shall only be prosecuted upon application, unless the prosecuting authority deems it necessary to intervene ex officio due to the special public interest in the prosecution.
(3) Paragraph 1 shall not apply to acts carried out in the pursuit of overriding legitimate interests, namely art or science, research or teaching, reporting on current events or history or similar purposes.
(4) The image carriers and image recording devices or other technical means used by the perpetrator or participant may be confiscated. § Section 74a shall apply.
"Upskirting" and "downblousing"
The English terms "upskirting" and "downblousing" refer to the unauthorized, intentional or knowing production of video or image recordings of genitals, buttocks, female breasts or underwear covering these parts of the body.
Often, those affected do not even notice when someone takes a photo or video of this particularly personal and intimate area, such as under a skirt or dress. For example, smartphones with photo and video functions are now particularly handy and small, making it difficult for those affected to notice such actions.
What can I do as a victim?
- Call attention to yourself and shout loudly for help.
- Call the police on 110!
- Memorize the characteristics of the perpetrator
- File a criminal complaint with the local police or online.
If you have been the victim of a crime, an accident or a similar event, you often feel helpless and afraid. Most victims want the perpetrators to be stopped and held accountable and the damage caused to be compensated.
Those affected by criminal offenses have numerous rights that are intended to help alleviate the burden of the criminal proceedings and make amends for the injustice suffered.
Information on the areas
- how and where victims of a crime can file a complaint
- how an investigation by the police works,
- what happens afterwards,
- how you can receive compensation if necessary and
- where you can get further support and information
You can find out more at https://www.polizei-beratung.de/opferinformationen/.
The police work in partnership with many victim support organizations and can put you in touch with regional contacts.
What can I do if I observe such behavior?
How you can react if you observe this type of behavior in others:
- Civil courage: Help, but don't put yourself in danger.
- Call the police on 110!
- Ask others for help
- Memorize the characteristics of the perpetrator.
- Care for victims
- Testify as a witness.
