Massachusetts Supreme Court Rules it's Legal to Record up Women's Skirts in Public | Photography is Not a Crime: PINAC
The state’s highest court says “upskirting,” the practice of secretly photographing under a woman’s skirt, is not prohibited by state law.
The Massachusetts Supreme Judicial Court said today that a state law intended to prohibit “Peeping Tom” voyeurism of completely or partially undressed people did not apply to people who take pictures of people who are fully clothed.
The ruling came in the case of a man who allegedly took photos under the dresses of women on Green Line trolleys.
The court focused on the language of the law, which prohibits secret photography of “a person … who is partially nude.”
“A female passenger on a MBTA trolley who is wearing a skirt, dress, or the like covering [private] parts of her body is not a person who is ‘partially nude,’ no matter what is or is not underneath the skirt by way of underwear or other clothing,” the court said in a unanimous ruling written by Justice Margot Botsford.
The court said Suffolk County prosecutors, who argued that the Peeping Tom law should apply, had a “flawed” interpretation of the law.
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