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Massachusetts photo bill: Mass, outlaws ‘upskirt’ pics after court ruled ok

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Massachusettes’ photo bill was quickly passed today, only two days after the state Supreme Court ruled that “upskirting” – the perverted practice of photographing up women’s skirts – was legal, as the video above explained.

Now, in a follow-up to this story that I bought to you yesterday: Mass. upskirt photos: Take a pic up a skirt? No problem, says Mass. courts, state lawmaker quickly got together and cracked down on “those who secretly take photographs of the sexual or other intimate parts of women or children in public,” reports The Associated Press on Thursday via MSN News.

The AP report gave details on the fines: “The legislation says anyone who tries to photograph another person's sexual or intimate parts without that person's consent would face a maximum penalty of more than two years in jail and a $5,000 fine. The penalty would jump to five years in prison or a $10,000 fine if the victim is under 18. Distributing such photos of a child is punishable by a $10,000 fine or 10 years in prison.”

The Mass. Supreme Court ruled on the peeping Tom “upskirting” practice earlier this week and said that no existing laws are violated “because the women who were photographed while riding Boston public transportation were not nude or partially nude.”

Justice Margot Botsford of the state Supreme Judicial Court explained their ruling: “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 Supreme Judicial Court overruled a lower court decision from a 2010 case against Michael Robertson, who said on Nov. 6 of last year that it was his "constitutional right to take 'upskirt' photos of women in public."

Massachusetts Governor Deval Patrick signed the bill into law yesterday that now prohibits the practice in all its forms.

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