Bill > H1633

This bill updates Massachusetts law regarding "upskirting" and other forms of non-consensual electronic surveillance by expanding and clarifying the definitions and penalties for such actions. The legislation defines new terms like "electronically surveils" (capturing visual images using electronic devices), "partially nude" (exposing intimate body parts), and "sexual or other intimate parts" (including genitals, buttocks, pubic area, and female nipples). The bill makes it a criminal offense to willfully photograph, videotape, or electronically surveil another person who is nude or partially nude in a situation where they would reasonably expect privacy, or to focus on someone's intimate body parts with the intent to secretly invade their privacy. Penalties vary based on the age of the victim, ranging from up to 2.5 years in the house of correction and/or a $5,000 fine for victims 18 and older, to up to 2.5 years in the house of correction or 5 years in state prison and/or a $10,000 fine for victims under 18 or those deemed incompetent. The bill also provides an affirmative defense if the person being photographed or surveilled gives actual, competent consent.

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https://malegislature.gov/Bills/194/H1633