Massachussetts Skirts Ruling by Making Upskirting Illegal

BOSTON, Mass.—Boy, the rare times that legislators agree on something they sure can act fast. Case in point, lawmakers in Massachussets, who were so irked over Wednesday's ruling by the state's highest court that the surreptitious recording of people's privates in public—what they call "upskirting"—does not violate state law, that they drew up new legislation the next day and today that bill was signed into law by Governor Deval Patrick ... just in time to prevent the hordes of perverts from descending upon the state's public places in search of hidden flesh. According to the Boston Globe, "The legislation sailed through the House and Senate Thursday, a day after the Supreme Judicial Court ruled that the state’s voyeurism law did not specifically prohibit people from secretly photographing under a woman’s clothing. It was a rare act of swift action in a Legislature often known for its glacial approach to making laws." Even the governor seemed surprised by the quick action, commenting, “It shows they can do it when they want to." The Globe added, "Under the bill signed Friday, it will now be a misdemeanor to take secret photos and videos of 'the sexual or other intimate parts of a person under or around the person’s clothing.' The law would apply to times when a “reasonable person” would believe those parts of their body would not be publicly visible." In addition to shoring up "upskirting," the new law also creates a new crime that, according to the governor's office, "states whoever videotapes or photographs, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a child will be subject to imprisonment in the house of correction for not more than 2½ years, by imprisonment in state prison for not more than 5 years, by a fine of not more than $5,000, or both imprisonment and a fine." The legislation signed into law today was H. 3934. It reads, in part: Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a person under or around the person’s clothing to view or attempt to view the person’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public and without the person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more than $5,000, or by both fine and imprisonment. Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a child under the age of 18 under or around the child’s clothing to view or attempt to view the child’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public shall be punished by imprisonment in the house of correction for not more than 2 ½ years, by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $10,000, or by both such fine and imprisonment. Whoever willfully disseminates the visual image of the sexual or other intimate parts of a child under the age of 18, with knowledge that such visual image was unlawfully obtained in violation of the third paragraph of subsection (b) shall be punished by imprisonment in the house of correction for not more than 2 ½ years or in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.