Governor Deval Patrick today signed H. 3934, "An Act Relative to Unlawful Sexual Surveillance," which modernizes the Commonwealth's criminal voyeurism laws to outlaw what is known as "upskirting." The law goes into effect immediately. The legislation makes the secret photographing, videotaping, or electronically surveiling of another person's sexual or other intimate parts, whether under or around a person's clothing or when a reasonable person would believe that the person's intimate parts would not be visible to the public, a crime. Under the proposed legislation, whoever willfully photographs, videotapes, or electronically surveils, with the intent to secretly conduct or hide such activity, another person's sexual or other intimate parts will be subject to imprisonment for not more than 2½ years or by a fine of not more than $5,000, or both.
The bill also creates a new crime that states whoever videotapes or photographs, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a child will be subject to imprisonment in the house of correction for not more than 2½ years, by imprisonment in state prison for not more than 5 years, by a fine of not more than $5,000, or both imprisonment and a fine.