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Massachusetts Court Says 'Upskirt' Photos Are Legal
cold fjord writes with this CNN report: "Massachusetts' highest court ruled Wednesday that it is not illegal to secretly photograph underneath a person's clothing — a practice known as "upskirting" — prompting one prosecutor to call for a revision of state law. 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."
The judges simple pointed out that under current law taking these pictures is legal. That is their job. What is needed is for the appropriate laws to be rewritten.
Just because you are paranoid does not mean that no-one is out to get you.
Dateline: 3/56/2014 5:24PM
The Massachusetts Legislature just passed a revision to the law which has now been sent to the Governor for his signature.
http://www.wcvb.com/news/upskirting-bill-passes-moves-on-to-governors-desk/24845520
They didn't rule that taking the photos was legal (i.e. you have a right to do it which cannot be abridged); they ruled it wasn't illegal (i.e. the legislature hasn't banned it even though it's within their power to do so).
Just to emphasize your point: the judge in this case is not trying to let the accused off the hook: he/she is pointing out a hole in Massachusetts law.
I'm totally not a lawyer, but I live in Massachusetts and spent some time reading the law today so that makes me an expert. As far as I can tell, upskirt doesn't fall within any of the following Mass sexual crimes:
Rape: Rape in Mass requires penetration.
Indecent assault and battery: Requires physical contact.
Sexual harassment: is specific to the workplace.
Peeping tom: requires that the victim be partly undressed.
Criminal harassment: must be repeated on three occasions.
Unnatural and lascivious acts: applies to sexual acts in public.
It really does seem to me that as far as criminal law goes, upskirting really does fall between the cracks of Massachusetts law.
The law doesn't prohibit people from wearing skirts, even micro skirts that reveal their unnderwear for public photography is allowed, they just can't claim legal defense if people takes a peek.
Sharia law on the other hand haves people executed over wearing anything less than a full tent. Stop trying to make a chicken of a feather, it makes you look like a moron(which probably is true)
Apparently the law has already been passed. Lawmakers know how to take action that will put them in the headlines.
"First they came for the slanderers and i said nothing."