State v. Glas
In State v. Glas, 147 Wn.2d 410, 54 P.3d 147 (Wash. 2002), Washington's former voyeurism statute criminalized taking photographs of a person "while the person . . . is in a place where he or she would have a reasonable expectation of privacy." Id. at 149. Relying on the word "place," the Washington Supreme Court rejected a reading of its statute that would protect the right of persons to control exposure of their bodies in a public space. Id. at 150.
Therefore, it concluded an "upskirt" photo taken in a public location was not prohibited under the Washington statute. Id. In its analysis, the court compared the Washington statute's requirement that a victim be "in a place where he or she would have a reasonable expectation of privacy" with a California voyeurism statute that applied "under circumstances in which the other person has a reasonable expectation of privacy," finding the latter statute "left the option open to include" acts committed in "public places." Id. at 151-52.