"Upskirt" photos in Boston deemed legal

A man who took pictures on his cellphone up women's skirts while riding the Boston subway didn't violate Massachusetts state law--because the women weren't nude or partially nude.

Massachusetts' highest court ruled Wednesday, March 5, that Michael Robertson, who was arrested in August 2010 for the offense, did not break the law.

This decision overruled a lower court that decided Robertson had broke the law, after transit police set up a sting to catch Robertson. The ruling prompted some lawmakers to promise to update state law.

While there are laws in place to protect people from being photographed in bathrooms and dressing rooms, these laws don't protect clothed people in public areas.

District Attorney Dan Conley said prosecutors hope state lawmakers will change the wording of the statute by the end of the legislative session.

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