The Legislature on Thursday, March 6th swiftly passed a bill to update the law and make it illegal for a photo or video to be taken under a person’s clothing without their knowledge announced Senator Michael O. Moore.
“After yesterday’s Supreme Judicial Court ruling, I am proud to have worked with Senate President Therese Murray and my colleagues to pass legislation making “upskirt” photos illegal in the Commonwealth. The Senate passed the bill further protecting women and children in Massachusetts from unwelcomed invasion of privacy,” Senator Moore said.
The bill makes taking a photograph or recording under or around a person’s clothing a misdemeanor when a reasonable person would believe that their sexual or other intimate parts would not be visible to the public. The bill includes punishments of imprisonment in the house of correction for up to two and a half years and/or a fine of up to $5,000.
The bill also expands the current dissemination statute for adults to include taking a photograph or recording under or around a person’s clothing without their knowledge. The current statute includes a possible state prison sentence of up to five years if charged with a felony.
In addition, the bill enhances penalties for taking a photograph or recording of a child under 18-years-old by adding a possible state prison sentence of up to five years if charged with a felony and increasing the fine to up to $10,000. The bill penalizes the dissemination of these photographs or recordings with a state prison sentence of up to 10 years.
The bill now goes to the Governor for his signature.