Upskirt and peeping toms

A judge admitted a legal loophole meant a pervy train passenger cannot be prosecuted. A "Peeping Tom" who secretly took upskirt snaps of women on a subway train will not be prosecuted because a legal loophole means he has not broken the law. A ruling by Justice Margot Botsford at Boston's Supreme Judicial Court in Massachusetts states that filming or photographing a person who is nude or partly nude without their knowledge is against the law — but that does not apply to people who are fully clothed. The unnamed man was arrested by police in for using his mobile phone to take pictures and shoot video up skirts on the subway.
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It's Totally Legal For Peeping Toms in Boston to Take 'Upskirt' Photos on the Subway

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Has there been a case of upskirt or peeping tom filming without jail punishment?

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Upskirt shots are LEGAL: 'Peeping Tom' wins his fight to have voyeurism charges thrown out

A judge admitted a legal loophole meant a pervy train passenger cannot be prosecuted. A "Peeping Tom" who secretly took upskirt snaps of women on a subway train will not be prosecuted because a legal loophole means he has not broken the law. A ruling by Justice Margot Botsford at Boston's Supreme Judicial Court in Massachusetts states that filming or photographing a person who is nude or partly nude without their knowledge is against the law — but that does not apply to people who are fully clothed.
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Way to stay classy, Boston. The city's high court ruled that a man who took "upskirt" photos of women on the Boston subway is actually legal, because the women are not "nude or partially nude. Like we didn't already have enough to worry about when taking crowded, gross, tooth-strewn, shark-infested subway cars. The ruling was the result of a case from , where a man named Michael Robertson was caught trying to repeatedly take cellphone photos up riders' dresses on Boston's Green Line. Robertson was charged in , but sought an appeal — citing the photos as "free speech" — bringing his case up to the state's Supreme Judicial Court.
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