Upskirt Photos Are Illegal, Right?

Mon, Mar 10, 2014

General Legal Issues

Some rights reserved by Sarah KorfTaking a photo of someone up their skirt without them knowing it has to be illegal right? Well, apparently it wasn’t everywhere.

In movies they take these pictures in really elaborate ways. A case that is grabbing national attention involves someone who was using his cellphone to take photos of people on a trolley in Massachusetts.

It turns out that doing this was not technically illegal in Massachusetts until today, despite many people assuming it was. According to CNN.com, The high court ruled that the practice did not violate the law because the women who were photographed while riding Boston public transportation were not nude or partially nude.” That sounds weird, but it relates to the way the law is worded. And since people on the trolley weren’t nude, the high court decided that the law the man was arrested on did not apply to the situation he was arrested for. This article on CNN has more.

So, the governor of Massachusetts signed a law in an effort to make taking an upskirt photo, and other similar types of photos, illegal. According to CNN, “The legislation makes the secret photographing, videotaping, or electronically surveiling of another person’s sexual or other intimate parts, whether under or around a person’s clothing or when a reasonable person would believe that the person’s intimate parts would not be visible to the public, a crime.”  Thus the language is clarified to the relief of many.

It will be interesting to hear how many states need to change this type of legislation. Florida has a law relating to this type of situation. Learn more here in the Orlando Sentinel.

Attorney Christopher D. Smith is a Lakewood Ranch, Florida attorney with SmithLaw Attorneys. He concentrates in bankruptcy, civil litigation, probate, estate planning, and elder exploitation cases in the Sarasota and Bradenton area. Call 941-907-4774 to learn more and to ask about our free consultations.

Image: Some rights reserved by Sarah Korf

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