Modern-day peeping Toms in Massachusetts , the sorts who get their thrills snapping `` upskirt '' photos on crowded subways , now have their behavior criminalized . Gov . Deval Patrick signed a bill Friday , according to his office , making photographing or recording video under a person 's clothing -- think down a blouse or up a skirt -- a misdemeanor . `` The legislation makes the secret photographing , videotaping , or electronically surveiling of another person 's sexual or other intimate parts , whether under or around a person 's clothing or when a reasonable person would believe that the person 's intimate parts would not be visible to the public , a crime , '' Patrick 's office said in a prepared statement . The crime is punishable by up 2½ years in jail or a fine of up to $ 5,000 . In addition , the law states that `` whoever videotapes or photographs , with the intent to secretly conduct or hide such activity , the sexual or other intimate parts of a child '' faces a sentence of 2½ to 5 years and up to a $ 5,000 fine . The law goes into effect immediately . Victim of `` upskirting '' speaks out . Lawmakers hastily drew up and passed the bill Thursday , a day after the state 's highest court ruled that current laws against secretly photographing a person in a state of partial nudity do n't apply to these sorts of secretive shots . `` A female passenger on a MBTA ( Massachusetts Bay Transportation Authority ) trolley who is wearing a skirt , dress , or the like covering these parts of her body is not a person who is 'partially nude , ' no matter what is or is not underneath the skirt by way of underwear or other clothing , '' wrote Justice Margot Botsford of the state Supreme Judicial Court . The ruling stemmed from a case against Michael Robertson , 32 , who was arrested in 2010 . He was accused of using his cell phone to take pictures and record video up the skirts and dresses of women riding on the trolley , court documents say . Complaints were filed with transit police , who then staged `` a decoy operation '' to catch Robertson . He promptly pointed his phone up the dress of a female officer , court documents say . He was arrested and charged with two counts of attempting to secretly photograph a person in a state of partial nudity . Though a lower court ruled against him , Robertson found his case dismissed Wednesday -- and outraged lawmakers got to work . `` We are sending a message that to take a photo or video of a woman under her clothing is morally reprehensible and , in Massachusetts , we will put you in jail for doing it , '' state Senate President Therese Murray said in a prepared statement . `` We will need to revisit this law again and again as technology continues to evolve and ensure that we are providing the necessary protections . '' Recognizing how technology plays a part in amplifying the violation is key , victim advocates say . The images can , in no time , make the international rounds online . `` I think there 's a fear among people that you could have an 'upskirt ' photo taken of you and never realize it , '' said Emily May , executive director of ihollaback.org , a website that encourages women to share their stories and cell phone photos of harassers . `` Your crotch could be on the Internet , and you may never know about it . '' States -- and victims -- grapple with 'upskirt ' laws against voyeurism .
Massachusetts governor signs ban on `` upskirting '' Law comes in response to high court ruling saying `` upskirting '' photos are legal .