Massachusetts court: Subway ‘upskirt’ photos not illegal

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BOSTON (AP) The highest court in Massachusetts has determined that a man who took cellphone photos up the skirts of women riding the Boston subway did not violate state law because the women were not “nude or partially nude.”

The Supreme Judicial Court today dismissed charges against Michael Robertson, who was arrested in August 2010 by transit police. They had set up a sting after getting reports that he was using his cellphone to take photos and video up female riders’ skirts and dresses.

The SJC decision says a woman on the MBTA “wearing a skirt, dress, or the like covering these parts of her body is not a person who is ‘partially nude.’”

The SJC says while such actions should be illegal, the way state law is written they are not.

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