It turns out that a man who took cellphone photos up the skirts of women on the Boston subway did not violate Peeping Tom laws, according to the Massachusetts Supreme Judicial Court. The panel overruled a lower court, declaring that it was not against the law because the women were not nude or partially nude. The current law protects people from being photographed in dressing rooms and bathrooms when they are naked or partially naked, but it does not protect people in public areas who are clothed. “A female passenger on a MBTA 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,” the court said. Lawmakers say they will seek to immediately amend the law to fix the gap in its application.
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