Upskirting is legal, says MA Supreme Court

[dendawg]

http://gizmodo.com/upskirts-are-tota...oss-1537206825

Seriously, WTF?? I realize you have little expextation of privacy in public, but still.....

Here's hoping this little loophole gets closed fast.

[Andara Bledin]

Ugh... Way to stick to the letter of the law while utterly ignoring any semblance of its intent. >_<

[HYHYBT]

Seems to me the problem is in the law, rather than in the court; that they basically said "this OUGHT to be illegal, but since it's not, we can't lock people up for having done it."

Now that this decision is out there, what are the chances the legislature will fix the law?

[wolfie]

I'd be interested in knowing what Massachussets law has to say about women, on finding out someone is taking upskirts shots, stuffing the camera up the perp's ass.

[Canarr]

I'd be interested in knowing what Massachussets law has to say about women, on finding out someone is taking upskirts shots, stuffing the camera up the perp's ass.

My guess is, that would be assault and/or battering; and the law should already have provisions for that...

[gremcint]

Yeah it's the law, the court unfortunately has its hands tied. Now on the other hand if the person taking such a photo so much as even brushes the person's leg I'd say they might have a valid sexual assault claim. My argument is that the taking of the photo is obviously for sexual purposes combined with unwanted physical contact you might pull it off with the right judge and jury.

Now as for the person in question assaulting the photo taker. They never did, they were at the bar with me the entire time, someone else must have beaten the human slime to a pulp...

[Greenday]

Based on current law, the court isn't wrong. Expect a new law to be put in place ASAP.

[Ladeeda]

Really, the judge said it's legal as the law stands now, and there really needs to be an edit to MAKE upskirts illegal.

Let's face it, when the law was written, upskirts weren't as easy to do.

[MadMike]

I'd be interested in knowing what Massachussets law has to say about women, on finding out someone is taking upskirts shots, stuffing the camera up the perp's ass.

"If these women didn't want guys taking upskirt pictures of them, they'd wear pants!"

Something like that, possibly?

[crashhelmet]

It looks like it's now banned

[Greenday]

It looks like it's now banned

Just as I figured. There was no law in place because it was never needed so it just never came up.

[siead_lietrathua]

one part of the banning bugs me... it specifies women and children. so apparently it's ok to still take pics of a guy's junk when he's unaware... sigh.
a law like this should just say it's illegal to take pictures of any person's genitals without their consent, and skip the gender/age qualifiers (except keep the age stuff in relation to severity of the punishment). like, when a guy turns 18 he no longer has that right to privacy?
yes i get that guys have a lower risk of "upskirting" but this law covers secret photography. so it would also be used in places like lockerrooms and bathrooms.

[Kheldarson]

one part of the banning bugs me... it specifies women and children. so apparently it's ok to still take pics of a guy's junk when he's unaware... sigh.
a law like this should just say it's illegal to take pictures of any person's genitals without their consent, and skip the gender/age qualifiers (except keep the age stuff in relation to severity of the punishment). like, when a guy turns 18 he no longer has that right to privacy?
yes i get that guys have a lower risk of "upskirting" but this law covers secret photography. so it would also be used in places like lockerrooms and bathrooms.

I think the locker rooms and bathrooms are covered by the previous laws, in that they are places where one can expect privacy.

[Ladeeda]

But what about guys in kilts?

I'm not even joking. I've heard more than one tale of guys who got people checking to see if they're wearing a kilt "properly".

Or hell, crossdressers or drag queens. They should be protected.

[siead_lietrathua]

But what about guys in kilts?

I'm not even joking. I've heard more than one tale of guys who got people checking to see if they're wearing a kilt "properly".

Or hell, crossdressers or drag queens. They should be protected.

exactly. there's no need to make a gender division on an issue like this. it should just be worded that people can't take pics of other people. not specifying which people can apply as victims.


edit: oh god, ok this is a JOKE but damn he got me laughing.
hubs's response (paraphrased): but they have to make the laws gender-specific. otherwise they can't tell apart men and women to make sure marriages are only one man and one woman.