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Mass. upskirt photos ruled legal

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Massachusetts upskirt photos, as they are being called, are legal in the state. Michael Robertson was arrested in August of 2010 by transit police as he was using a cell phone to shoot some 'upskirt photos and videos' - aimed up females’ skirts and dresses - at a Boston subway - thereby the term 'upskirt photos.' The Supreme Judicial Court overturned a former ruling to now assert that Robertson did not violate state law, according to a report by CBS News on Thursday.

The reason the high court in Massachusetts has given for the man’s actions not being illegal is that the women were not nude or partially nude when he took pictures and videos up their skirts and dresses.

Immediately following the ruling, lawmakers vowed to update the state law so such incidents are not legal. Current “Peeping Tom” laws, as such laws are called, make it illegal for persons to be photographed in bathrooms and dressing rooms when one is nude or partially nude. Yet, the way the law currently stands, the law does not make it illegal to photograph persons who are clothed in public areas.

According to the court’s decision, 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 high court admitted that such actions should be illegal, but currently they are not illegal due to the way the state law is worded. Suffolk County prosecutors disagreed.

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