Massachusetts Legislature Revises Its Statute In Response To “Upskirting” Decision

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In response to Massachusetts’ highest court’s ruling that “upskirting” is not illegal according to the state’s statute,  members of the legislature moved quickly to introduce a number of bills to criminalize the practice. One bill made it all the way to Governor Devol Patrick’s desk. He signed it March 7, and it has now amended Chapter 272, section 105, subsection a (et seq.) of the Massachusetts General Laws. “An Act Relative to Unlawful Sexual Surveillance” forbids willful photography, videotaping, or electronic surveillance, “with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a person under or around the person’s clothing to view or attempt to view the person’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public and without the person’s knowledge and consent…” The crime is punishable by not more than 2 1/2 years in prison or by a fine of not more than $5000, or both.

More here.

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