An Act relative to the punishment of the crimes of photographing, videotaping, or electronically surveilling nude or partially nude persons, or the sexual or intimate parts of a person under or around the person’s clothing

Lead Sponsor: Representative Tami L. Gouveia

Impetus
Under current law, G.L. c. 272, § 105, a person who secretly photographs or videotapes or electronically surveils others is punishable by up to two and one half years in the house of correction.

While current law recognizes the serious personal invasion of privacy that people who the victims of these types of crimes suffer, there should be a range of sentencing options for those who commit large scale or particularly egregious violations of this law.

Our office has prosecuted more and more of these types of cases over the past few years. Last year, our office prosecuted a person found to be in possession of dozens of videos of women who were partially dressed.

Despite the overwhelming evidence and convictions on 25 counts of secretly recording a person in a state of nudity, the defendant was only subject to a house of correction sentence and probation. Where the facts warrant, because they are particularly egregious or there are numerous victims, the Commonwealth and the Court should have a range of sentencing options so that sentencing is commensurate with the facts of the crime.

Need

• In c. 272, § 105, we recognized the serious invasion of privacy caused by those who secretly photograph or videotape or electronically surveil a person who is nude or partially nude. Current law caps punishment as a misdemeanor. This Bill would create sentencing options so that the disposition reflects the nature of the crime.

Legislative Fix

• This Bill also would make all violations of subsection (b), creation of these images, an offense within the registration requirements of the sex offender law.