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Upskirt photos aren’t illegal, court rules

07
Mar
2014

Massachusetts highest court has declared that its not illegal to take photographs up the skirts of women in public — so-called upskirt photos — sparking calls for new legislation to explicitly outlaw the practice. In a ruling handed down Wednesday, the states Supreme Judicial Court said that a man who took photos up the skirts of women riding the Boston subway did not violate state law, because the women he photographed could not be considered nude or partially nude. A female passenger on a MBTA trolley who is wearing a skirt, dress, or the like covering these parts of her body is not a person who is partially nude, no matter what is or is not underneath the skirt by way of underwear or other clothing, the court said in its ruling. Prosecutors in the case had argued that the states statutes could be interpreted to include upskirt photographs, but the defense argued that the laws only cover people who are nude or partially nude, and that the woman in question did not have a reasonable expectation of privacy on the subway.

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