Letter: Rep. Davis Asks for Support Passing 'Upskirting' Bill
To the Editor:
A recent incident at Williams College — where a student allegedly hid a camera in a fitness center restroom and secretly recorded 18 people — reveals a troubling gap in Massachusetts law.
This isn't the first time we've seen this. In 2014, a man placed a hidden phone in a public bathroom in Dalton and recorded both adults and children. While some charges eventually stood, the state's highest court made it clear: the law was too vague and needed to be fixed.
The core problem? Secretly filming a nude child in a bathroom is only a misdemeanor, while filming under a child's clothing in public is a felony. That inconsistency leaves children and vulnerable people exposed.
As the state representative for the 3rd Berkshire District, I filed H.1633, An Act updating and clarifying the statute relating to "upskirting," to close this loophole. The bill makes it a felony — punishable by up to five years in prison and a $10,000 fine — to secretly record a child or vulnerable person's private parts, whether clothed or unclothed, in any setting. For adult victims, it remains a serious misdemeanor.
Felony classification matters. It ensures these crimes show up in background checks and keeps offenders from working with children, coaching, teaching, or holding positions of trust. Without it, someone who secretly films a child could avoid long-term consequences and retain access to minors.
This isn't just about keeping up with evolving technology — it's about ensuring basic safety and privacy in places like restrooms, locker rooms, and changing areas.
The Legislature acted quickly in 2014 to ban upskirting. Now it's time to finish the job.
Please urge the Joint Committee on the Judiciary to advance H.1633. Email the chairs: Lydia.Edwards@masenate.gov and Michael.Day@mahouse.gov. Please also copy me at Leigh.Davis@mahouse.gov.
Let's make sure the law protects everyone — especially our kids.
State Rep. Leigh Davis
3rd Berkshire District
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