HOUSE DOCKET, NO. 962        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1477

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tricia Farley-Bouvier

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act updating and clarifying the statute relating to “upskirting”.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Tricia Farley-Bouvier

2nd Berkshire

1/17/2023

Smitty Pignatelli

3rd Berkshire

1/18/2023

Michelle M. DuBois

10th Plymouth

1/18/2023

Vanna Howard

17th Middlesex

2/1/2023

Lindsay N. Sabadosa

1st Hampshire

2/6/2023

Natalie M. Higgins

4th Worcester

2/23/2023

Paul W. Mark

Berkshire, Hampden, Franklin and Hampshire

2/23/2023

John Barrett, III

1st Berkshire

3/16/2023

Tommy Vitolo

15th Norfolk

3/30/2023


HOUSE DOCKET, NO. 962        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1477

By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 1477) of Tricia Farley-Bouvier and others relative to photographing, videotaping or electronically surveilling certain persons.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act updating and clarifying the statute relating to “upskirting”.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 272 Section 105 of the 2020 General Laws, as appearing in the 2020 edition, is here by amended by striking subsections (a) and (b) and inserting in their place the following 2 subsections:

     (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

     “Electronically surveils” or “electronically surveilled”, to view, obtain, or record a person’s visual image by the use or aid of a camera, cellular or other wireless communications device, computer, television, or other electronic device.

     “Partially nude”, partially unclothed, such that one or more sexual or other intimate parts as defined herein is exposed.

      “Sexual or other intimate parts”, human genitals, buttocks, pubic area, or female nipples and areola, or any part thereof.

       (b) Whoever:

       (i) willfully photographs, videotapes, or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped, or electronically surveilled, or;

      (ii)  willfully photographs, videotapes, or electronically surveils the sexual or other intimate parts of another person, whether or not such parts are clothed, with the intent to secretly conduct or hide such activity, and with the intent to focus on or otherwise invade the privacy of the person’s sexual or other intimate parts;

shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or by both, if the victim is 18 years or older; or by imprisonment in the house of correction for not more than 2 1/2 years, or by imprisonment in the state prison for not more than 5 years, or by a fine of not of not more than $10,000, or by both such fine and imprisonment, if the victim is less than 18 years of age or is otherwise incompetent. The actual knowledge and consent of the person so photographed, videotaped, or electronically surveilled shall be an affirmative defense to the offense stated herein provided that the person is competent to grant consent.