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

This bill updates Massachusetts law to more clearly define and penalize the unauthorized recording of individuals in private or intimate situations, commonly referred to as "upskirting." It directly affects anyone who secretly photographs, videotapes, or uses electronic devices to view another person's visual image without their consent. The legislation establishes specific definitions for terms like "electronically surveils," "partially nude," and "sexual or other intimate parts" to ensure the law covers various scenarios involving privacy violations. Under the new provisions, offenders face fines and potential jail time, with harsher penalties applying if the victim is a minor or otherwise incompetent. The bill also clarifies that a victim's actual knowledge and consent serve as a legal defense against these charges.