March 6, 201412 yr So when the wind picks up when your in your skirt and everyone sees the goodies you gonna arrest mother nature? Mother nature blows!
March 6, 201412 yr Didn't we have a thread a while back about some guy and high-school volleyball players?
March 7, 201412 yr This didn't take long for MA to pass a bill making it illegal. 'Upskirt' ban in Massachusetts signed into law - CNN.com
March 7, 201412 yr I think the intent of the law is good but I would be worried about false accusations. Suppose you are in a public place minding your own business surfing the net on your phone and someone/anyone accuses you of violating this law and calls the authorities. What happens then? The responding officer is not going to have the authority or the expertise to properly investigate the allegation at the scene so what happens then. Do they take your phone? Charge you? Arrest you? What are the penalties for false accusations? Is the punishment/crime the same? Can anyone provide the statue so we can look at it?
March 7, 201412 yr I think the intent of the law is good but I would be worried about false accusations. Suppose you are in a public place minding your own business surfing the net on your phone and someone/anyone accuses you of violating this law and calls the authorities. What happens then? The responding officer is not going to have the authority or the expertise to properly investigate the allegation at the scene so what happens then. Do they take your phone? Charge you? Arrest you? What are the penalties for false accusations? Is the punishment/crime the same? Can anyone provide the statue so we can look at it? Here is the law online. It does not appear to be updated yet. https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section105 Here is the bill that passed. https://malegislature.gov/Bills/188/House/H3934 Old law: Section 105. (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 communication device, computer, television or other electronic device. “Partially nude”, the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola. (b) Whoever 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, and without that person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment. © Whoever willfully disseminates the visual image of another person who is nude or partially nude, with knowledge that such visual image was unlawfully obtained in violation of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment. (d) This section shall not apply to a merchant that electronically surveils a customer changing room, provided that signage warning customers of the merchant’s surveillance activity is conspicuously posted at all entrances and in the interior of any changing room electronically surveilled. (e) This section shall not apply to a law enforcement officer acting within the scope of the officer’s authority under applicable law, or by an order or warrant issued by a court. (f) A sheriff, deputy sheriff or police officer may arrest without a warrant, a person whom he has probable cause to believe has violated this section. (g) A photograph, videotape or other recorded visual image, depicting a person who is nude or partially nude that is part of any court record arising from a prosecution under this section, shall not be open to public inspection and shall only be made available by court personnel to a law enforcement officer, prosecuting attorney, defendant’s attorney, defendant, or victim connected to such prosecution for inspection, unless otherwise ordered by the court. (h) In a prosecution under this section, a justice of the superior court or district court may issue appropriate orders to restrain or prevent the unlawful dissemination of a person’s visual image in violation of this section. Law with new parts from bill (inserts in green, deletions in red): Section 105. (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 communication device, computer, television or other electronic device. “Partially nude”, the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola. “Sexual or other intimate parts”, human genitals, buttocks, pubic area or female breast below a point immediately above the tip of the areola, whether naked or covered by clothing or undergarments. (b) Whoever 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, and without that person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment. Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a person under or around the person’s clothing to view or attempt to view the person’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public and without the person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more than $5,000, or by both fine and imprisonment. Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a child under the age of 18 under or around the child’s clothing to view or attempt to view the child’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public shall be punished by imprisonment in the house of correction for not more than 2 ½ years, by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $10,000, or by both such fine and imprisonment. © Whoever willfully disseminates the visual image of another person [who is nude or partially nude], with knowledge that such visual image was unlawfully obtained in violation of the first and second paragraphs of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment. Whoever willfully disseminates the visual image of the sexual or other intimate parts of a child under the age of 18, with knowledge that such visual image was unlawfully obtained in violation of the third paragraph of subsection (b) shall be punished by imprisonment in the house of correction for not more than 2 ½ years or in the state prison for not more than 10 years or by a fine of not more than $10,000,or by both such fine and imprisonment. (d) This section shall not apply to a merchant that electronically surveils a customer changing room, provided that signage warning customers of the merchant’s surveillance activity is conspicuously posted at all entrances and in the interior of any changing room electronically surveilled. (e) This section shall not apply to a law enforcement officer acting within the scope of the officer’s authority under applicable law, or by an order or warrant issued by a court. (f) A sheriff, deputy sheriff or police officer may arrest without a warrant, a person whom he has probable cause to believe has violated this section. (g) A photograph, videotape or other recorded visual image, depicting a person who is nude or partially nude or which depicts a person’s sexual or intimate parts that is part of any court record arising from a prosecution under this section, shall not be open to public inspection and shall only be made available by court personnel to a law enforcement officer, prosecuting attorney, defendant’s attorney, defendant, or victim connected to such prosecution for inspection, unless otherwise ordered by the court. (h) In a prosecution under this section, a justice of the superior court or district court may issue appropriate orders to restrain or prevent the unlawful dissemination of a person’s visual image in violation of this section.
March 7, 201412 yr I believe it may still have some level 'overly broad' verbiage. Any store or government function or anyone who has video surveillance probably would like to see the following inserts and deletes: "Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a person under or around the person’s clothing [with the deliberate purpose] to view or attempt to view the person’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public [and without the person’s knowledge and consent], shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more than $5,000, or by both fine and imprisonment." Same for the next paragraph. The problem is when people are in public they are fair game to be photographed or 'surveiled' without their knowledge or consent. About the only place you can expect total privacy is insider your own home with all the shades down. Cameras and especially highly mounted surveillance cameras are going to capture things that go counter to this law it would appear. Are they there to 'deliberately' capture those things? No, so there should be some leeway. Just a quick reaction to the update.
March 7, 201412 yr Laws like this scare the begebbers out of me. I fear we will become a subjective police state in the future if we are not careful. Of course it is like many laws trying to catch up with technology, very tough to do.
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