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H 1633

An Act updating and clarifying the statute relating to “upskirting”

194th Legislature (2025-2026) Introduced by Leigh Davis and 8 co-sponsors

Massachusetts bill clarifies upskirting laws to strengthen non-consensual intimate photography protections and modernize statutory language for consistent prosecution.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1633

Legislative bill overview

H.1633 updates Massachusetts law to clarify and strengthen statutory definitions and penalties related to "upskirting"—the non-consensual photography or recording of individuals in intimate areas without their knowledge. The bill aims to close potential legal loopholes in existing statute language and modernize protections against this form of sexual harassment and invasion of privacy.

Why is this important

Upskirting cases have historically faced prosecution challenges due to ambiguous statutory language about what constitutes the offense and where it can occur. Clarifying the statute ensures victims have stronger legal recourse and helps law enforcement consistently prosecute these crimes. This addresses a gap in protection for public safety in transit systems, crowded spaces, and other venues where such violations commonly occur.

Potential points of contention

  • Defining boundaries: Disputes may arise over how broadly "intimate areas" is defined and whether the statute adequately distinguishes between accidental capture and intentional violation
  • Technology specificity: The bill must address whether it covers emerging recording technologies (drones, hidden cameras, etc.) or only traditional photography/video
  • Venue and consent: Questions about whether the law applies to recording in all public and semi-public spaces, and how "reasonable expectation of privacy" is established in different locations

Compiled from official sources — confirm details with the bill’s official record.

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