Massachusetts moves to ban ‘upskirt’ photos

BOSTON – Massachusetts lawmakers approved legislation Thursday to crack down on those who secretly take photographs of “the sexual or other intimate parts” of women or children in public.

Approval of the bill, which also would apply to male victims, came a day after the state’s highest court ruled that a man who took cellphone photos up the skirts of female passengers riding the Boston subway didn’t violate state law.

Top lawmakers said the bill will send a clear message to those who take so-called “upskirt” photos.

“It is sexual harassment. It’s an assault on another person whether it’s a child or an adult,” Senate President Therese Murray said moments after the Senate unanimously approved the bill.

The legislation says anyone who “photographs, videotapes or electronically surveils” another person’s sexual or intimate parts without that person’s consent would face a misdemeanor charge and a maximum penalty of two-and-a-half years in jail and a $5,000 fine.

The crime becomes a felony with a maximum penalty of five years in prison and a $10,000 fine for photographs or recordings of a child under 18. Distributing such photos would carry a maximum punishment of 10 years in prison and a $10,000 fine. Murray said those who take such photos sometimes post them on pornographic websites.

House Speaker Robert DeLeo said the Legislature moved swiftly after the Supreme Judicial Court issued its ruling Wednesday.

“Not only did we get it done quickly, but I think there was a feeling that we did it right,” he said. “We wanted to make sure that this would be a law that would pass all legal questions that could arise.”

Gov. Deval Patrick said he would sign the legislation.