Letter: Rep. Davis Asks for Support Passing 'Upskirting' Bill

Letter to the EditorPrint Story | Email Story
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         

 


Tags: leigh davis,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

Connecticut Man Killed in Otis Tractor-Trailer Crash

OTIS, Mass. — Thursday's collision between two tractor-trailers on Route 8 killed one of the drivers. 
 
Antonio Luis Marcucci, 32 of Waterbury, Conn., was northbound at about 9 a.m. Thursday when he apparently lost control of the truck and veered into the southbound lanes, colliding head-on with a southbound tractor trailer, according to police. 
 
According to the Berkshire District Attorney's Office, police dispatched to 1322 South Main Road found the truck with Connecticut plates in the northbound lane and a truck bearing Oklahoma plates lodged in a snowback on south side. 
 
The officer began rendering aid to the northbound driver, identified as Marcucci. He was pinned inside the cab of his truck. He was extracated and transported to Baystate Medical Center in Springfield by Otis EMS, where he was pronounced dead.
 
The driver of the Oklahoma tractor trailer in the southbound lane did not receive serious injuries.
 
Early investigation, including dash camera footage captured by one of the tractor trailers, shows the Oklahoma tractor trailer was traveling in the southbound lane and the Connecticut tractor trailer was traveling in the northbound lane, according to the DA's Office. The Connecticut tractor trailer lost control veering off the other side of the road ultimately ending on the southbound lane. Shortly after the two tractor trailers collided in a head on collision.
 
The investigation remains ongoing.
 
View Full Story

More South Berkshire Stories