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Massachusetts' highest court has ruled "upskirt," or up-the-skirt, photos are perfectly legal.
Wait, what?
"Back in 2010, this guy, Michael Robertson of Andover, was accused of upskirting twice
on the Green Line. His defense? The law only says it's a crime if the woman is naked."
"Obviously it's absurd. Hopefully it's going to be overruled or overturned, I don't know."
(Via WBZ-TV)
So, here's how the whole shebang started. CNN explains 32-year-old Robertson was arrested
four years ago and accused of using his cell to take pictures up women's skirts. He was
charged with:
"... two counts of attempting to secretly photograph a person in a state of partial
nudity. Police observed him point a cell phone video camera up the dress of a female officer,
court documents state."
The Wednesday ruling by the higher court reversed the previous decision that denied a dismissal
of the case. WBZ-TV reports prosecutors say the only way to fix the "freelance" photography
is a new law.
Existing laws in the state protect people from being snapped in dressing rooms or in
the restroom. However, clothed people are not considered partially nude, and therefore,
the pics seem to be perfectly legal. (Via WUSA)
The Boston Globe reports prosecutors tried to argue women on public transit, have a quote
"reasonable expectation of privacy." They also said a person should have the right to
privacy beneath their own clothing.
"So, if you're wearing underwear it's okay? That's disgusting." (Via WZZM)
WCVB says the court didn't like the decision, but its hands are tied.
"The high court admits it's a legal loophole, but one that needs to be fixed by lawmakers.
In fact, there's already an online petition calling on lawmakers to quickly remake the
law."
And as of Thursday morning, that petition was nearing 830 supporters, with many commenters
calling what was happening an invasion of privacy.
Upskirting is illegal in other states like New York and Florida.