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Bill

Bill

HD 1879

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

194th Legislature (2025-2026) Introduced by Leigh Davis

Massachusetts bill clarifies criminal penalties for non-consensual photographing/recording under clothing without permission, modernizing outdated upskirting statute.

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Bill Summary · HD 1879

Legislative bill overview

HD 1879 updates Massachusetts law to clarify and strengthen prohibitions against "upskirting"—the non-consensual photographing or recording of individuals under their clothing without permission. The bill modernizes existing statutes to address evolving technology and close potential legal loopholes in prosecuting these offenses.

Why is this important

Upskirting is a serious violation of privacy and personal dignity that disproportionately affects women and children. Clarifying the statute ensures law enforcement can effectively prosecute offenders and removes ambiguity that has sometimes allowed perpetrators to escape consequences due to outdated statutory language.

Potential points of contention

  • Definition scope: Disagreement over whether the law should cover all body parts or focus specifically on genital areas, and whether intent/knowledge requirements are appropriate
  • Technology specificity: Debate about whether the statute adequately addresses evolving recording devices (smartwatches, body cameras, etc.) or if it's overly broad
  • Enforcement concerns: Questions about privacy implications of investigating alleged violations and distinguishing between accidental and intentional conduct

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

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