Tug of war over privacy laws and "upskirt" photos - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Tug of war over privacy laws and "upskirt" photos

Posted: Updated:

(CBS 8) - There's a legal tug of war in Massachusetts that doesn't consider secretly taking pictures of a person up their skirt a crime but in California it's against the law.

This week Massachusetts's higher court ruled that's it's not illegal to take pictures up a person's skirt in public. The house snapped back and rushed a bill banning the act.

In California "upskirting" is considered disorderly conduct. The act is secretly videotaping a female or male's intimate parts without their consent.

In 2012, a Valley Center man near Escondido was convicted of taking pictures and videos of woman on his cell phone. Law enforcement reported they found more than 2,000 images and 400 videos on his phone.

This week when Massachusetts' highest court ruled it wasn't against the law when a man was caught taking cell phone photos of females up their skirts while riding the Boston subway.

Legislators immediately passed a law making it a crime.

"We have come a long way to think women are not property," said Senate President Therese Murray, D-MA. "Women and children should be able to go to public places and not feel they are not protected by the law."

Under California's disorderly conduct 2.1.2 Penal Code 647 (j) (2) there's an explicit law outlining "upskirt" violations as a misdemeanor.

Violations include when someone secretly uses an electronic device to view under or through the clothing without a person's consent. Also with the intent to arouse or appeal or gratify for sexual desires or invade a person's privacy and when that person has reasonable expectation of privacy.

If you are caught violating this law in California offenders could serve anywhere between probation up to a year in jail and up to a $2,000 fine.

There is a federal voyeurism law but in it is a gray area in the level of expectation of privacy.

The upskirt law passed in Massachusetts still needs the governor's signature.

There are a handful of states that have passed strict laws against upskirting.

Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and Midwest Television, Inc. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.