Upskirting Charges in Massachusetts

If you or someone you know is charged with “upskirting” in Massachusetts, it is important to understand that this is a serious criminal charge. Upskirting charges can disrupt your life, cause you to lose your job, and destroy your reputation. Often, alleged victims and their family members are very invested in upskirting cases and may advocate for the case to be vigorously prosecuted and a heavy sentence imposed.

An Upskirting charge is often going to involve a victim that is very act in the case; this can require you to have a Lawyer ready to take the case to trial if you cannot resolve the case favorably with the District Attorney. A District Attorney does not have to follow the recommendation of an alleged victim of a crime, but the input can be very important as to how the District Attorney handles the case.

Massachusetts criminal defense attorney Michael DelSignore has a track record of successfully defending clients facing serious charges, including upskirting in Massachusetts. Attorney DelSignore has devoted his entire career, in fact his entire adult life, to serving the people of Massachusetts, particularly those who find themselves charged with crimes. Attorney DelSignore is frequently sought out by the media on Massachusetts Criminal Defense topics and has been seen on Boston 7 and Boston 25 news, quoted in the Boston Herald and Boston Globe as well as Massachusetts Lawyers Weekly on Criminal Defense topics. He has also appear on the Show Justice Served part of the Law and Crime Network.

Upskirting involves secretly taking images of another person, usually a woman, under her clothing without her permission. Upskirting is a crime in Massachusetts if it meets certain criteria, and being convicted of or even charged with this behavior can have a lasting impact on a person’s life and family.

You do not have to face these charges alone. If you have been accused of upskirting in Massachusetts, you need an experienced Massachusetts criminal defense lawyer in your corner. Attorney Michael DelSignore has over twenty years of Massachusetts criminal law experience, and he has defended clients against upskirting charges, as well as charges for other serious offenses. He is a respected advocate in the Massachusetts legal community, and he fights passionately for his clients at every stage of their criminal cases. With offices in Attleboro, Westborough, Dedham, Marlborough, Stoughton, and New Bedford, Massachusetts upskirting defense attorney Michael DelSignore is ready to take on your case and fight the charges against you.

Do not wait to reach out for legal representation. Criminal cases can move quickly, and the longer you go without a defense attorney, the more damage can be done to your case without you even knowing it. Attorney DelSignore offers every potential client a free, confidential case consultation so that you can learn about your charges, discuss your goals, and hear about your options moving forward.

Yes. In Massachusetts, upskirting has been specifically criminalized since 2014. This crime is classified as misdemeanor when the alleged victim is an adult and a felony when the alleged victim is a person under the age of eighteen. However, make no mistake, even misdemeanor upskirting is not a minor charge.

It is important to understand that upskirting charges are taken seriously by prosecutors in Massachusetts, especially when alleged victims and their families are vocal about the prosecution. There are numerous examples of Massachusetts prosecutors pressing upskirting charges and obtaining convictions and/or penalties against the accused. Attorney DelSignore has seen this charged filed in connection with incident on a College Campus, in department stores and grocery stores. Prosecutors are very aggressive in breaking this charge which can result in false allegations.

You can be arrested without a warrant for upskirting if a law enforcement officer has probable cause to believe you captured images of someone’s sexual or intimate areas around their clothes secretly and without permission.

Moreover, there have been suggestions by legislators and district attorneys alike to penalize upskirting even more heavily. Cloaked as “updates” to the upskirting law, there are pushes in Massachusetts to make all upskirting a felony, even of adults, and to increase the penalties for all upskirting convictions. While these efforts to make the upskirting law more extreme have not yet been successful, they are a warning that Massachusetts prosecutors take the crime of upskirting seriously and want to vigorously pursue convictions. You should retain an experienced attorney to protect your rights if you have been charged with upskirting in Massachusetts.

In order for you to be convicted of any crime if your case goes to trial, the prosecutor must prove every element of the crime beyond a reasonable doubt.

The elements of the crime of upskirting, specifically taking images around someone’s clothing, in Massachusetts are:

• Intentionally photographing, videotaping, or electronically surveilling
• Someone else’s sexual or other intimate parts
• Photographing, videotaping, or electronically surveilling under or around the individual’s clothing
• Photographing, videotaping, or electronically surveilling without the subject’s consent, and
• Photographing, videotaping, or electronically surveilling in secret or with an attempt to conceal the activity.

These elements contain legal “terms of art” and are further defined in the upskirting statute, M.G.L. c. 272, s. 105.

According to the upskirting statute, electronically surveilling someone means “to view, obtain or record a person's visual image by the use or aid of a camera, cellular or other wireless communication device, computer, television or other electronic device.” Essentially any use of an electronic device to stream or capture images is electronic surveillance.

Sexual or other intimate parts are defined by the statute as “human genitals, buttocks, pubic area or female breast below a point immediately above the tip of the areola, whether naked or covered by clothing or undergarments.” You can think of any part of a person usually covered by a small bathing suit, like a brief-style swimsuit for men or a bikini for women, as a sexual or other intimate part.

Legal terms can be complex, and it is not always obvious how the elements of a crime apply to your particular case or whether the prosecution’s evidence can show a particular element beyond a reasonable doubt. You do not have to interpret the upskirting statute or evaluate the evidence against you alone. You should have a strong, skilled criminal defense attorney with experience in Massachusetts courts on your side as you fight your upskirting charges.

For those convicted of upskirting in Massachusetts, the criminal penalties are substantial.

If you are convicted of upskirting against an adult, you can face a fine of not more than $5,000, imprisonment in a house of correction (jail) for up to two and a half years, or both.

If you are convicted of upskirting someone under the age of eighteen, you can be punished with a fine of not more than $10,000, imprisonment in a house of correction (jail) for up to two and a half years, imprisonment in the state prison for up to five years, or both a fine and imprisonment.

In addition to the criminal penalties that come with an upskirting conviction, you can also face stigma, loss of your job, relationship and custody issues, and other ramifications in your life. If you have been charged with upskirting, now is the time to act to protect yourself and your family. Reach out to a skilled Massachusetts criminal defense attorney like Michael DelSignore today.

Massachusetts upskirting criminal defense attorney Michael DelSignore is a strong, confident advocate working in the criminal courts of Suffolk County, Middlesex County, Norfolk County, Worcester County, and Plymouth County. He has developed a deep knowledge of the court systems of each of these counties, as well as the unique and complicated Massachusetts system for issuing criminal charges. Whether this is your first criminal charge or upskirting is just one of many legal problems you are facing, Attorney DelSignore has the experience and fire you want on your side.

Do not let the prosecution decide your future for you. Contact the offices of Attorney Michael DelSignore now for a free case consultation. Your information will be kept private, and there is no obligation as the result of attending this meeting. The consultation is an opportunity to be educated on your charges, Attorney DelSignore’s defense approach, and the choices available to you as you fight to clear your name from upskirting charges. Call or text (781) 686-5924 or reach out to a member of our team online today.