Mass. Court: Subway "upskirt" photos not illegal - ABC6 - Providence, RI and New Bedford, MA News, Weather

Mass. Court: Subway "upskirt" photos not illegal

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The Associated Press

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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 on Wednesday dismissed charges against Michael Robertson who was arrested in August 2010 by transit police, who set up a sting after getting reports that he was using his cellphone to take photos and video up female rider's 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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