On Wednesday, it was legal in Massachusetts to take upskirt photos of a woman's crotch area without her knowledge on crowded subway trains. By Friday, upskirting became illegal. The crime now carries the threat of up to a $5,000 fine or 2-and-a-half to 5 years of prison time, if the pictures are taken of a minor.
Massachusets Gov. Deval Patrick signed the bill into law on Friday, after fellow lawmakers and state residents expressed outrage over the State Supreme Judicial Court's ruling that victims of upskirt photos and videos were not protected under state law because they did not qualify as "nude" or "partially nude." Taking a photo of a woman's crotch area from under her skirt, or of her cleavage from above without her knowledge or permission, is now a misdemeanor in Massachusetts.
"The legislation makes the secret photographing, videotaping, or electronically surveiling of another person's sexual or other intimate parts, whether under or around a person's clothing or when a reasonable person would believe that the person's intimate parts would not be visible to the public, a crime," Patrick's office said in a statement.
The law also states that "whoever videotapes or photographs, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a child" will face a jail sentence of 2-and-a-half to 5 years and as much as a $5,000 fine.
On Wednesday, the state's highest court ruled that the current law does not protect women from upskirting, much to the chagrin of the women who accused Michael Robertson, 32, a man who was arrested by taking inappropriate pictures on the subway in 2010. The ruling soon went viral and the outrage of Massachusetts citizens knew no bounds.
"A female passenger on a MBTA (Massachusetts Bay Transportation Authority) 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," wrote Justice Margot Botsford of the state Supreme Judicial Court in the ruling.
State legislators quickly moved to remedy the problem and cool down the anger of its residents with a ban on upskirting and other forms of inappropriate digital recording.
"We are sending a message that to take a photo or video of a woman under her clothing is morally reprehensible and, in Massachusetts, we will put you in jail for doing it," state Senate President Therese Murray said in a statement. "We will need to revisit this law again and again as technology continues to evolve and ensure that we are providing the necessary protections."
Women's rights advocates praised the new law, saying that it was an important step forward. Gina Scaramella, executive director of the Boston Area Rape Crisis Center, told the AP that such photos are one of the worst forms of sexual harassment women face and an invasion of privacy.
"It really is a form of sexual harassment. It's a violation for the person who is unknowingly getting their body photographed," she said. "People wear clothing for a reason and having someone violate that privacy is a real problem."
