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The Supreme Judicial Court overruled a lower court that had upheld charges against Michael Robertson, who was arrested in August by transit police who set up a sting after getting reports that he was using his cell phone to take photos and video up female riders' skirts and dresses. The ruling immediately prompted top Beacon Hill lawmakers to pledge to update state law. Existing so-called Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but the way the law is written, it does not protect clothed people in public areas, the court said. Michael Robertson MBTA Police via CBS Boston State law "does not apply to photographing or videotaping or electronically surveilling persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA," the court said.
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Top Massachusetts court rules 'upskirt' photos to be legal

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Court: 'Upskirt' Photos Are Legal

The ruling immediately prompted top Beacon Hill lawmakers to pledge to update state law. Existing so-called Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but the way the law is written, it does not protect clothed people in public areas, the court said. The SJC said that while such actions should be illegal, they are not, given the way state law is written. District Attorney Dan Conley said prosecutors are hoping state lawmakers will change the wording of the statute by the end of this legislative session. Conley added that this conduct has become more and more prevalent, and he urged riders to be alert. Massachusetts House Speaker Robert DeLeo said lawmakers are working to find a way to clarify the law.
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State Court Shock: Subway 'Upskirt' Photos Legal

Email A man who took cellphone photos up the skirts of women riding the Boston subway did not violate state law because the women were not nude or partially nude, Massachusetts' highest court ruled Wednesday. The Supreme Judicial Court overruled a lower court that had upheld charges against Michael Robertson, who was arrested in August by transit police who set up a sting after getting reports that he was using his cellphone to take photos and video up female riders' skirts and dresses. The ruling immediately prompted top lawmakers to pledge to update state law. The ruling immediately prompted top Beacon Hill lawmakers to pledge to update state law. Existing so-called Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but the way the law is written, it does not protect clothed people in public areas, the court said.
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