![]() The SJC said that while such actions should be illegal, they are not, given the way state law is written. State law 'does not apply to photographing (or videotaping or electronically surveilling) persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA,' the court said. ![]() '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 court said in its ruling. ![]() Upskirt: If the dog were wearing underwear, taking a photo like this wouldn't be illegal, according to Massachusetts' highest courtĮxisting so-called Peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude, but the way the law is written, it does not protect clothed people in public areas, the court said. ![]()
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