(BOSTON) — Due to a technicality, a man caught taking pictures up women’s skirts on a public transit system won’t face punishment after the Massachusetts Supreme Court ruled Wednesday that Michael Robertson did not violate state law.
He was initially charged under a Massachusetts law that prohibits people from intentionally and secretly photographing people who are nude or partly nude without their permission in a setting where they should reasonably expect privacy.
However, Robertson was exonerated in the upskirting case because the women he photographed were neither nude nor partially nude.
The high court’s ruling was unanimous in spite of what many argue is a loophole in the law that was enacted before the proliferation of phones that can take photographs in virtually every situation.
State lawmakers are expected to work on legislation that catches up with modern technology to prevent upskirting and other so-called invasions of privacy.
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