Massachusetts court rules in ‘upskirting’ case

03/05/2014 // West Palm Beach, Florida, US // JusticeNewsFlash // Justice News Flash // (press release)

Boston – A top Massachusetts court has ruled that the actions of a man accused of snapping secret photos up women’s skirts while on the subway were not in violation of the state’s Peeping Tom law. The man was arrested in 2010 and charged with voyeurism. As reported by Reuters, the judge cited a loophole in current legislation that made the law inapplicable in the case.

As noted in the report, the secret filming of someone who is nude or partially nude is illegal in accordance with Massachusetts law; however, it does not apply in cases where a person is fully clothed.

Justice Margot Botsford is quoted by Reuters as writing in a Supreme Judicial Court decision Wednesday, that the law, “does not apply to photographing… persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA.”

Chris Dearborn, a law professor at Suffolk University in Boston, says the case could serve as a cue for the state to revise the Peeping Tom law, saying, “If Peeping Toms are jumping for joy because they think they have carte blanche to do this, I suspect it will be short lived.”

This report is provided by Justice News Flash – Massachusetts Legal News

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