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“Upskirting” causes controversy in MA, already illegal in Maine

STATEWIDE (WGME) -- It's called "upskirting", secretly taking pictures up a woman's skirt or dress, and the Massachusetts high court says, in that state at least, it's not illegal.

Maine's violation of privacy law doesn't use the term upskirting, but it says it's a crime to photograph or record any portion of the body when its concealed from public view under clothing, and a reasonable person would expect it to be safe from surveillance. A law Massachusetts doesn't have.

Michael Robertson is charged with taking these kinds of photos of women on Boston's Green Line, but the so-called peeping tom statute written 10 years ago says it's only illegal if the person is nude or partially nude, and that's what his attorney argued last year. Even the court suggests the photos should be illegal, but its hands are tied.

The Massachusetts house and senate passed a new bill that is expected to close that upskirting loophole.