The only way victims can prosecute the perpetrators of upskirting is by making a case of Public Nuisance and Outraging Public Decency , which means to commit "a lewd, obscene or disgusting" act, which is capable of outraging public decency, in a public place where at least two members of the public who were actually present at the time could have seen it (whether or not they were aware of the act or outraged by it).