A bill on Beacon Hill would strengthen Massachusetts law against secretly recording people without their consent, including the practice commonly known as “upskirting.”

The proposal (H.1633) would clarify existing law, expand the definition of illegal recording, and increase penalties for it in some cases.

Supporters say the current law leaves gaps that make it difficult for prosecutors to bring charges.

The bill, filed by state Representative Leigh Davis (D-Great Barrington), would update Chapter 272, Section 105 of state law. It would apply to anyone who willfully photographs, videotapes, or electronically surveils another person’s intimate areas without consent, including when the person is clothed and in situations where they have a reasonable expectation of privacy.

What the bill does

The proposal rewrites parts of the statute to clarify definitions and broaden enforcement.

An illegal recording would include secretly capturing a person’s “sexual or other intimate parts,” defined as human genitals, buttocks, pubic area, or female nipples and areola. The bill makes clear that the law applies whether or not the person is nude.

It also expands beyond traditional “upskirting” by covering recordings taken through clothing and other forms of hidden or deceptive surveillance in private settings.

Penalties would include up to 2 1/2 years in a house of correction, fines up to $5,000, or both for adult victims. Cases involving minors could bring harsher penalties, including up to five years in state prison.

Why lawmakers say it’s needed

Davis said the bill responds to concerns from victims and law enforcement.

“Just this morning, I received an email from a young woman that only went through this a month ago, and someone was recording her from outside her apartment,” Davis told WAMC last year. “She realizes it's a gray area, that prosecutors can't do the job, law enforcement can't, and she's not getting the help she needs.”

She said the current law makes it hard for prosecutors to convict offenders.

“This is, number one, is to clarify and update the language,” Davis said. “Number two is to make it a felony to secretly videotape them and record someone that is a child or an adult.”

What comes next

The bill was referred to the Joint Committee on the Judiciary and received a public hearing in June 2025. The committee later reported it out to a study order.

In the Massachusetts House, committee votes aren't public, so the public cannot see who voted to kill the bill and why.

Massachusetts lawmakers banned upskirting in 2014, but Davis and other supporters say additional changes are necessary to close enforcement gaps.

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FAQ

What does the Massachusetts “upskirting” bill do?

The bill updates state law to make it easier to prosecute people who secretly record others without consent. It expands the definition of illegal recording and clarifies that it applies even when a person is clothed.

Would this make it illegal to take photos at a public beach?

No. The bill applies in situations where a person has a reasonable expectation of privacy, not in general public settings like beaches.

What penalties would offenders face?

Penalties could include up to 2 1/2 years in jail, fines up to $5,000, or both for adult victims. Cases involving minors could carry harsher penalties, including state prison time.

Why do supporters say the law needs to change?

Supporters say the current law has unclear language that creates challenges for prosecutors. They argue the update would close gaps and better protect victims.

Who filed the bill?

State Representative Leigh Davis of Great Barrington filed the bill. It has multiple co-sponsors.

Has the bill passed?

No. The bill has been sent to a study order and will not advance further this session.