Massachusetts Court Rules 'Upskirting' Is Not Illegal - KMSP-TV

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Massachusetts Court Rules 'Upskirting' Is Not Illegal

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A Massachusetts court has found that a man allegedly shooting "upskirt" videos did not violate the existing state laws.

Michael Robertson, 32, was caught aiming his camera and recording video between women's legs on the subway. He was arrested and charged with a crime usually reserved for "Peeping Toms," because Massachusetts does not have a law that explicitly rules against upskirting.

Robertson's defense attorney, David Yanetti argued that the crime he was charged with does not apply to Robertson's actions. The laws that Robertson was arrested for require that a victim be at least partially undressed.

"They went back to the dictionary. If you have a blouse and a skirt on, are you partially nude? I don't think so, you're clothed," Yanetti said.

The state's current "Peeping Tom" law also protects people from being photographed in dressing rooms and bathrooms, but it does not protect clothed people in public areas.

Robertson was arrested during one of his video-capture sessions on the train. He picked the wrong woman to record that day -- an undercover transit officer.

"He was approached, told to stop - he resisted. Refused. There was a struggle. The officers did recover his cellular phone, it was recording a video," said Suffolk County District Attorney Dan Conley. "His conduct was repulsive. Hold him accountable."

Massachusetts lawmakers are now pledging to update the law.

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