Massachusetts Photographing and Unsuspected Person in the Nude

If you or someone you know has been charged with secretly photographing someone in the nude in Massachusetts, it is important that you recognize how serious this charge is. An allegation of secretly taking nude photographs or videos can jeopardize your career, damage your reputation, and affect your personal life. Often, nude surveillance charges in Massachusetts may be assigned to a special prosecutor, meaning the district attorney handling your case will likely be well prepared and motivated to push for a conviction and heavy penalties for this type of criminal offense.

In Massachusetts, it is a crime to secretly record or stream images of someone who is nude or partially nude if that person had a reasonable expectation of privacy. Criminalized under the same law that made upskirting a crime, secret nude photographing is the type of charge that comes with a heavy stigma and can lead to serious criminal consequences. Even the fact that you were arrested or charged with hidden nude recording can cause long-term consequences for you and your family.

You do not have to endure this ordeal by yourself. In fact, having a reliable advocate could be the difference between a positive outcome and a conviction. The assistance of a knowledgeable Massachusetts criminal defense attorney is critical when facing charges of this nature, in which emotions of the alleged victims and their families can spur prosecutors into aggressive action. Massachusetts Nude Photographing Defense Attorney Michael DelSignore has more than two decades of experience in criminal defense across Massachusetts. He has represented clients facing secret nude recording charges, upskirting charges, and numerous other complex charges. A fixture in the Massachusetts criminal defense community, Attorney DelSignore is known for his determined and strategic defense of clients at every stage of their criminal cases. His offices are conveniently located in Attleboro, New Bedford, Westborough, Dedham, Stoughton, and Marlborough. Attorney DelSignore is prepared to defend clients accused of clandestine nude recording in the counties of Suffolk, Middlesex, Norfolk, Worcester, and Plymouth.

You should act now to obtain a strong advocate for your criminal defense. Delaying legal representation can allow the case to progress in ways that hurt your defense and limit your options for a positive outcome before you even realize it. Attorney DelSignore offers each potential client a free and confidential consultation, giving you a chance to understand the charges brought against you, discuss your legal situation, and explore the defense strategies available to protect your future.

In Massachusetts, it is a crime to photograph, record, or electronically surveil a naked or partially undressed person in secret if that person reasonably expected that they had privacy. Taking secret nude images was criminalized by the Massachusetts legislature, along with upskirting, in 2014. In the Commonwealth of Massachusetts, this crime is a misdemeanor.

However, just because these are misdemeanor charges does not mean they are minor. Even being accused of taking secret naked photographs can be life-altering. If convicted, you can lose years of your life to incarceration and face heavy fines. These charges have the potential to disrupt your career, family life, and standing in your community. You should take them seriously and seek the advice of an experienced Massachusetts defense attorney.

In every criminal case, the prosecutor must prove every element of the crime in order to obtain a conviction. Each element has to be proved beyond a reasonable doubt, or to a “reasonable and moral certainty.”

For the crime of electronically surveilling someone who is nude or partially nude, the prosecutor must show that the defendant:

• Intentionally photographed, videotaped, or electronically surveilled another person
• Without that person’s knowledge and consent
• Intending to secretly conduct or conceal the photographing, videotaping, or electronic surveillance
• While that person was nude or partially nude, and
• That person had a reasonable expectation of privacy in not being photographed, videotaped, or electronically surveilled.

The relevant criminal statute, M.G.L. c. 272, s. 105, sheds additional light on some of the terms used in these elements.

Under this statute, electronically surveilling has an extremely broad definition. Anything you do to view, obtain or record images of someone with any camera or electronic device is considered electronic surveillance. Whether it involves streaming, video recording, still images, or closed circuits, it counts as electronic surveillance. Any camera, phone, webcam, or other recording device can be used to electronically surveil someone.

While the definition of nude is obvious, the statute defines partially nude as “the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.” Basically, if someone is in a state of undress that would not be appropriate at a beach or public pool, they are partially nude for purposes of the statute.

Simply knowing the elements of a crime is not enough to make a good defense. You need a representative who knows the law, understands the possible defenses, and has a strong grasp of the Massachusetts court system and criminal process. It is risky and unwise to attempt to defend yourself or make your case alone. Reach out to an experienced and passionate Massachusetts criminal defense attorney like Michael DelSignore who can provide you with the best possible defense against secret nude recording charges.

Massachusetts courts and legislators take secret nude recording seriously, and this is reflected in the hefty penalties assigned to the crime.

The punishment for taking clandestine nude or partially nude images in Massachusetts can include:

• A fine of up to $5,000,
• Going to jail for up to two and a half years,
• Or both.

Yes, in Massachusetts, it is a crime to knowingly “disseminate” or share images obtained in violation of the law against clandestine electronic surveillance of nude people who expected privacy. In fact, while taking the images is a misdemeanor, the distribution of these images without consent of the people in them is a felony.

If you or the person who obtained the images is alleged to have violated M.G.L. c. 272, s. 105, and you are alleged to know this and distribute the images without the consent of the person or people in them, you can be charged with a crime. This also means that if the district attorney alleges that you took the images yourself and shared them with others, you can be charged with both crimes.

Interestingly, the penalty for dissemination of these images is more severe than the penalty for obtaining them in the first place. Penalties include:

• A fine of up to $10,000,
• Going to jail for up to two and a half years,
• Going to prison for up to five years,
• Or both a fine and imprisonment.

It is not a crime for a store owner to record a changing room in their store in Massachusetts, but they must post signs at the entrance of the changing room and inside the changing room to warn people that they are on camera. The crux of this crime is secret or hidden recording when people are undressed and expecting privacy, which does not apply to a situation where people have been warned they are being recorded.

If you are facing charges of hidden nude recording in Massachusetts, the effect on your life could be quite devastating. Massachusetts criminal defense attorney Michael DelSignore has successfully defended numerous clients against serious charges like upskirting, sexual offense, and taking clandestine nude images.

Attorney Michael DelSignore is a New England native and has lived in Massachusetts for many years. This is where he has made his career as a zealous advocate for individuals who are facing criminal charges. Attorney DelSignore has practiced law for over 20 years, and he has published multiple books on criminal law in Massachusetts. In addition to teaching other lawyers about Massachusetts criminal law and commenting on criminal law to the press, he keeps a busy trial schedule.

Attorney DelSignore is a well-rounded and relentless advocate for Massachusetts criminal defendants. He knows Massachusetts criminal law and the courts of Suffolk, Plymouth, Middlesex, Norfolk, and Worcester counties, inside and out. Whether you are dealing with your first charge or facing multiple criminal issues, Attorney DelSignore approaches every case with both the knowledge and the tenacity necessary to protect your rights.

Get your life back on track with a strong criminal defense. Contact Attorney Michael DelSignore today for a free case evaluation. This meeting is private, and it does not obligate you. Attorney DelSignore wants to give you a chance to learn about your charges, hear about his defense strategy, and understand your option. Text or call (781) 686-5924 or contact a team member online now.