Massachusetts lawmaker promises changes after "upskirting" rulin - 13 WTHR Indianapolis

Massachusetts lawmaker promises changes after "upskirting" ruling

Updated:
BOSTON -

The practice of so-called "up-skirting" - or taking photos up a woman's skirt without her knowledge - is legal in Massachusetts. That's the ruling of that state's high court considering the case of a Massachusetts man charged with the practice.

According to the court, the practice does not violate state law because the women were not nude or partially nude.

The practice is invasive and on the rise, but it's legal in Massachusetts.

"That doesn't seem quite right. It's voyeurism," said one Massachusetts resident.

The case that made it all the way to Massachusetts' highest court came from a 32-year-old Andover man arrested in 2010 accused of taking an upskirt video on Boston's MBTA. He was charged with secretly photographing someone nude or semi-nude. But a supreme judicial court judge said that did not apply because women riding the train are fully clothed - a technicality frustrating to district attorney Dan Conley.

"I call today on the legislature to read this case carefully and to please enact legislation, hopefully in this session," said Conley, the district attorney for Suffolk County.

At the Statehouse, Speaker Robert Deleo was quick to put out this statement.

"The ruling of this judicial court is contrary to the spirit of the current law. The House will begin working on updating our statues to conform with today's technology immediately," he said.

For now, the Conley warns women to protect themselves until they get protected by the law.

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