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High Court Rules Upskirts Photos Are Not Illegal In Boston

 
 
Miller
 
Reply Fri 7 Mar, 2014 08:53 am

Massachusetts races to ban upskirt photos after court says they're legal
By Amar Toor on March 7, 2014 05:17 am

Massachusetts' legislature quickly worked to pass a law making surreptitiously taking photos up another person's skirt in public illegal, after the state's high court ruled that these so-called "upskirt" photos could be legally taken under current state law. "It is sexual harassment. It's an assault on another person whether it's a child or an adult," Senate President Therese Murray said after the bill was passed. "Woman and children should be able to go to public places without feeling that they are not protected by the law." Governor Deval Patrick is expected to sign it into law.

The new law follows a ruling handed down Wednesday, in which the state's 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. As NBC News reports, the state's Peeping Tom laws apply to people photographed in dressing rooms or bathrooms, but they do not protect clothed people in public areas.

"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.

--------------------------------------------------------------------------------

"Contrary to the spirit of the current law."

Prosecutors in the case had argued that the state's 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. Following the ruling, lawmakers began work on legislation that they said would account for new technologies, unlike the current law.

"The ruling of the Supreme Judicial Court is contrary to the spirit of the current law," said Massachusetts House Speaker Robert DeLeo. "The House will begin work on updating our statutes to conform with today's technology immediately."

Senate President Murray saying she was "stunned and disappointed" by the ruling. Other states have begun adopting new laws to account for modern technologies, especially in cases where existing statutes pose hurdles to prosecution. The Nebraska legislature introduced a bill to ban upskirt photos last month, while California and New York have moved to outlaw revenge porn.

The Verge.com
 
Miller
 
  1  
Reply Fri 7 Mar, 2014 08:56 am
" California and New York have moved to outlaw revenge porn".
Is there some hiddden relation between "upskirts photos" and " revenge porn"?
maxdancona
 
  4  
Reply Fri 7 Mar, 2014 09:09 am
@Miller,
The SJC made the right decision. The current law clearly does not cover "upskirts" and you can't convict someone based on what you want the law to say.

They made it very clear that the legislature can and should fix this law.
0 Replies
 
Foofie
 
  0  
Reply Fri 7 Mar, 2014 09:29 am
@Miller,
The world might be spinning out of control, and this topic is your focus? Perhaps, women should just start wearing long dresses like the Orthodox?

Do we really want to use police resources to chase someone with a camera? Just prevent it with long dresses. If on the first warm Spring day practically all women, under 70, show their toes in flip-flops, women can be persuaded to think wearing long Orthodox dresses are just too cool.

The earliest subway cars were segregated by sex. Something to ponder.

PUNKEY
 
  1  
Reply Fri 7 Mar, 2014 09:52 am
If this became a law, most fashion magazines would go out of business.

Intent is everything, here.
maxdancona
 
  1  
Reply Fri 7 Mar, 2014 10:44 am
@Foofie,
Really Foofie?

Really?

0 Replies
 
Miller
 
  1  
Reply Fri 7 Mar, 2014 11:34 am
@Foofie,
Foofie wrote:



The earliest subway cars were segregated by sex. Something to ponder.

Yes, something to ponder. Let the men walk and the ladies can ride safely away from the boys.
0 Replies
 
tsarstepan
 
  1  
Reply Fri 7 Mar, 2014 11:41 am
@Miller,
Miller wrote:

" California and New York have moved to outlaw revenge porn".
Is there some hiddden relation between "upskirts photos" and " revenge porn"?

I don't know what you mean by hidden relation between but as far as I understand the ruling, upskirt photography can be made illegal by the state congress if they word the respective law better then it presently is worded. It's an issue of a poorly worded law that's the problem. Supposedly they can rewrite the law and pass it and in theory upholding said law will be constitutionally acceptable.
0 Replies
 
Miller
 
  1  
Reply Fri 7 Mar, 2014 11:49 am
@PUNKEY,
PUNKEY wrote:

Intent is everything, here.


Of course "intent" is everything. Why would a normal, mature male want to stick his camera up a woman's dress/skirt? What is his "intent"?

Why would a male insist on masturbating in front of small kids in a playground? What exactly is his intent?



0 Replies
 
HesDeltanCaptain
 
  1  
Reply Sun 16 Aug, 2015 08:49 am
@Miller,
Devil's Advocate: Isn't wearing a skirt akin to exposing yourself? Thus anyone snapping a pic of what's visible from the right angle simply enjoying what you made visible to begin with?

If you're in a shirt and walking up a stairs for example, and people underneath happen to glance up and see your panties (or lack thereof) and take a picture, didn't you enable them to see what's underneath by wearing the skirt?

In effect, aren't you giving up your right to privacy by giving some in the right position the ability to see under a skirt?

HesDeltanCaptain
 
  1  
Reply Sun 16 Aug, 2015 08:53 am
@Foofie,
Thing a bit ago in NYC about orthodox synagogues staggering their congregations by sex when letting out so men and women weren't crowding together out on the sidewalk. Men and woman aren't supposed to touch at all in Judaism. Self-segregate themselves on buses, on planes, and out n about already. Probably be a tough sell in the secular world, but isn't unheard of.
maxdancona
 
  2  
Reply Sun 16 Aug, 2015 09:07 am
@HesDeltanCaptain,
Devil's advocate is only interesting when the Devil isn't taking a position that makes no sense.
0 Replies
 
Foofie
 
  1  
Reply Sun 16 Aug, 2015 11:00 am
@HesDeltanCaptain,
HesDeltanCaptain wrote:

Thing a bit ago in NYC about orthodox synagogues staggering their congregations by sex when letting out so men and women weren't crowding together out on the sidewalk. Men and woman aren't supposed to touch at all in Judaism. Self-segregate themselves on buses, on planes, and out n about already. Probably be a tough sell in the secular world, but isn't unheard of.


Smart women wear pants, in my opinion.
0 Replies
 
Miller
 
  1  
Reply Mon 17 Aug, 2015 08:04 am
@HesDeltanCaptain,
HesDeltanCaptain wrote:

Men and woman aren't supposed to touch at all in Judaism.


So...where do all the Jewish babies come from? In vitro fertilization?
maxdancona
 
  2  
Reply Mon 17 Aug, 2015 08:10 am
@Miller,
Miller wrote:

HesDeltanCaptain wrote:

Men and woman aren't supposed to touch at all in Judaism.


So...where do all the Jewish babies come from? In vitro fertilization?


I have heard that at least one Jewish baby came from immaculate conception.
Foofie
 
  2  
Reply Mon 17 Aug, 2015 10:11 am
@Miller,
Miller wrote:

HesDeltanCaptain wrote:

Men and woman aren't supposed to touch at all in Judaism.


So...where do all the Jewish babies come from? In vitro fertilization?


No touching, just "a whole lot of shaking going on," as Elvis told us.
0 Replies
 
Foofie
 
  1  
Reply Mon 17 Aug, 2015 10:13 am
@maxdancona,
maxdancona wrote:

Miller wrote:

HesDeltanCaptain wrote:

Men and woman aren't supposed to touch at all in Judaism.


So...where do all the Jewish babies come from? In vitro fertilization?


I have heard that at least one Jewish baby came from immaculate conception.


I am never comfortable talking about Jews that are/were homeless. Let's talk about wealthy Jews.
0 Replies
 
 

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