House, Senate Swiftly Pass 'Upskirting' Bill

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BOSTON — The House of Representatives and Senate on Thursday night passed legislation making it illegal for a photo or video to be taken under a person's clothing without their knowledge, state Sen. Benjamin B. Downing, D- Pittsfield, announced.  

H. 3934, An Act relative to unlawful sexual surveillance is now on Gov. Deval Patrick's desk was signed by Gov. Deval Patrick on Friday morning.

This legislative action was prompted by Wednesday's Supreme Judicial Court ruling that found current state laws do not prohibit the secret taking of "upskirt" photos or video of women who are clothed and in public places.

"The House took action today to bring Massachusetts laws up-to-date with technology and the predatory practice of 'upskirting.' We must make sure that the law protects women from these kind of frightening and degrading acts," House Speaker Robet DeLeo said in a statement. "I thank Chair Linsky as well as Representatives Brodeur and Mannal for their work on this legislation, commend Senate President Murray for her strong statements, and look forward to prompt action in the Senate."


H. 3934 makes taking a photograph or recording under or around a person's clothing a misdemeanor when a reasonable person would believe that their sexual or other intimate parts would not be visible to the public. The bill includes punishments of imprisonment in the house of correction for up to 2 1/2 years and/or a fine of up to $5,000.

The bill also expands the current dissemination statute for adults to include taking a photograph or recording under or around a person’s clothing without their knowledge. The current statute includes a possible state prison sentence of up to five years if charged with a felony.

In addition, the bill enhances penalties for taking a photograph or recording of a child under 18-years-old by adding a possible state prison sentence of up to five years if charged with a felony and increasing the fine to up to $10,000. The bill penalizes the dissemination of these photographs or recordings with a state prison sentence of up to 10 years.


Tags: legislation,   photography,   State House,   

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Pittsfield Officials: Unlimited Trash Not Sustainable, Toters Offer Cost-Savings

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — Unlimited trash pickup is not sustainable and will lead to higher taxes, city officials say.

Mayor Peter Marchetti began public outreach on Monday on the proposed five-year contract with Casella Waste Management for solid waste and recyclables. Older residents packed into the Ralph J. Froio Senior Center for the first of three community meetings.

On the table is a move to automated pickup utilizing 48-gallon toters, which would be at no cost to residents unless they require additional toters and would save the city $80,000 per year.

The goal is to execute a contract by July 1, the start of the fiscal year.

"Trash collection is not free. You're already paying for it as part of your taxes that you pay. In this administration, in this proposal there is no 'I'm looking to create a trash tax,''' Marchetti said, explaining that trash pickup for fiscal year 2025 is around $5.1 million and has doubled since he first served on the council in 2002.

"So we need to find a way to stem the cost of trash."

Some of the seniors praised the new plan while others had concerns, asking questions like "What is going to happen to the trash cans we have now?" "What if I live in rural Pittsfield and have a long driveway?" and "What happens if my toter is stolen?"

"I've lived in a lot of other places and know this is a big innovation that is taking place over the last 20,30 years," one resident said. "It's worked in most places. It's much better than throwing bags of garbage on the side of the road."

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