Commonwealth v. Robertson

Summary

The Massachusetts Supreme Judicial Court held that G. L. c. 272, § 105(b), as then written, did not criminalize secretly photographing or videotaping up a fully clothed person’s skirt. The statute applied to photographing a person who was nude or partially nude, meaning that specified intimate body parts were exposed or visible, and the alleged MBTA conduct did not satisfy that requirement. The court reversed the denial of the defendant’s motion to dismiss and did not reach the defendant’s constitutional challenges.