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Main Page Thoughts on pervert?
(Click here to view the original thread on the MassCops Message Board)

Posted by: 5-0

We nailed a guy on campus for 'Upskirting' some females. We are doing the research on what to summon him for, but having a little challenge. It seems like the Photo/Video Surveiling statute [272 s104(2) I think] covers nudity... But the shots are all underwear. Are the laws kind of behind the times on this? It seems that Disorderly might be all we can get him on. We don't have any proof he published the pictures on the internet, and not sure if him possessing/taking the pictures alone is enough to get a warrant to see if he published them. Thoughts?

ps. I can already see the jokes coming, so at least pretend to give me an answer before you let loose.

Posted by: Delta784

The pervert obviously had no idea if the females he upskirted were wearing underwear or not, so how about disorderly and attempting to commit the crime of the photo/video statute?

Yes, the laws are behind on this.

Posted by: PBiddy35

Must have been some underage females involved.

Posted by: RodneyFarva

criminal harassment.. maybe?

Posted by: 94c

Quote:

Originally Posted by RodneyFarva

criminal harassment.. maybe?

he would have to do it more than twice to the same victim...

how about lewd and lascivious in speech and behavior?

I'm not talking under "open and gross-Felony" but 272-53 the "disturbing the peace statute-Misdemeanor"
accosting, etc...

Posted by: Jeepy

Was there evidence on his computer that he posted them anywhere?

In other words, did you seize his computer and check the cache?

Posted by: 94c

Quote:

Originally Posted by Jeepy

Was there evidence on his computer that he posted them anywhere?

In other words, did you seize his computer and check the cache?

would this even be a crime?

Posted by: Irish Wampanoag

272 sec 104 also covers partially nude vidoes

I am not should MGL means by "Partially Nude" however its something to look into.

Posted by: mpd61

Please dont laugh...

Didn't the U.S. Congress recently address this issue?

Irish, MGL CH272/s.104?

Posted by: 5-0

Thanks for the feedback. So far, we are going to go for Disorderly, and try Delta's idea. The disorderly should stick even if the DA doesn't like the nude photography idea.

@94c I think that if the pictures he took fulfilled the elements for the nude photography statute, there is an enhanced penalty for publishing them. I guess the challenge is finding PC to snatch his comp. Is it assumed that his was intention to publish them, or do we have to get him to admit it.

Posted by: copcar65

Definition of partially nude is in the statute:
“Partially nude” the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.

Don't think this is covered by the statute. I think disorderly the only choice. Some DAs are interpreting the statute to mean the victim can't be in a public area, that they must be in a dressing room/bathroom etc. They are basing this on the following: "when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled". I think my daughter would have a reasonable expectation of privacy in not being so photgraphed even when in a public area.

Posted by: 94c

Quote:

Originally Posted by 5-0

Thanks for the feedback. So far, we are going to go for Disorderly, and try Delta's idea. The disorderly should stick even if the DA doesn't like the nude photography idea.

@94c I think that if the pictures he took fulfilled the elements for the nude photography statute, there is an enhanced penalty for publishing them. I guess the challenge is finding PC to snatch his comp. Is it assumed that his was intention to publish them, or do we have to get him to admit it.

the problem is... IF is not a crime.

Posted by: 5-0

Very true. Going to have a chat with DA just for S&G's. Its a learning experience.

Posted by: NEPS

Not to get to into racy details, but since the s. 104 includes "buttocks" in the definition of partial nudity, it seems likely that in some of the photos, especially if the victim's wore thong or g-string undergarments, there would be some portion of the buttock showing. As far as the location argument, the statute was clearly written to allow enforcement in as many potential areas as a pervert's mind might seek to take photographs. It would be a strange interpretation of the law that said a woman walking around in public in a skirt did not have an expectation of privacy for her genitals and buttocks.

I liked Delta's idea about the attempt to commit the crime to cover situations in which the suspect did not succeed in at least getting a photograph of a portion of the buttocks.

And I think 94C is on to something with accosting. To prove accosting you need threatening conduct -- positioning yourself close enough so as to take a picture up the skirt of a non-consenting woman borders on an assault (if discovered) and sounds kind of threatening to me -- and you do not need an intent to create (or reckless risk of creating) public inconvenience, annoyance, or alarm.

As far as publishing on the internet, I don't think such an intent would be presumed, but in the prosecution of the offenses on campus the computer would be legitimate target of a search warrant to prove such relevant issues as intent (photographs stored from previous incidents -- or even downloaded from the internet -- show the genitals or buttocks of women wearing no underpants or scanty ones, demonstrating the suspect's interest in seeing genitals or buttocks and giving some indication of the suspect's intent to violate s. 104 with his photographic efforts on campus) or motive or absence of mistake (the suspect habitually collected upskirt images, therefore he intended to gather these).

Good luck and let us know how this works out.

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