Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 105 (2026)

Photographing, videotaping or electronically surveilling partially nude or nude person or the sexual or other intimate parts of a person around the person's clothing; exceptions; punishment

✓ current as of July 2026

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Section 105. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

''Electronically surveils'' or ''electronically surveilled'', to view, obtain or record a person's visual image by the use or aid of a camera, cellular or other wireless communication device, computer, television or other electronic device.

''Partially nude'', the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.

''Sexual or other intimate parts'', human genitals, buttocks, pubic area or female breast below a point immediately above the tip of the areola, whether naked or covered by clothing or undergarments.

(b) Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person's knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.

Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a person under or around the person's clothing to view or attempt to view the person's sexual or other intimate parts when a reasonable person would believe that the person's sexual or other intimate parts would not be visible to the public and without the person's knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both fine and imprisonment.

Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a child under the age of 18 under or around the child's clothing to view or attempt to view the child's sexual or other intimate parts when a reasonable person would believe that the person's sexual or other intimate parts would not be visible to the public shall be punished by imprisonment in the house of correction for not more than 21/2 years, by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $10,000, or by both such fine and imprisonment.

(c) Whoever willfully disseminates the visual image of another person, with knowledge that such visual image was unlawfully obtained in violation of the first and second paragraphs of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

Whoever willfully disseminates the visual image of the sexual or other intimate parts of a child under the age of 18, with knowledge that such visual image was unlawfully obtained in violation of the third paragraph of subsection (b) shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

(d) This section shall not apply to a merchant that electronically surveils a customer changing room, provided that signage warning customers of the merchant's surveillance activity is conspicuously posted at all entrances and in the interior of any changing room electronically surveilled.

(e) This section shall not apply to a law enforcement officer acting within the scope of the officer's authority under applicable law, or by an order or warrant issued by a court.

(f) A sheriff, deputy sheriff or police officer may arrest without a warrant, a person whom he has probable cause to believe has violated this section.

(g) A photograph, videotape or other recorded visual image, depicting a person who is nude or partially nude or which depicts a person's sexual or other intimate parts that is part of any court record arising from a prosecution under this section, shall not be open to public inspection and shall only be made available by court personnel to a law enforcement officer, prosecuting attorney, defendant's attorney, defendant, or victim connected to such prosecution for inspection, unless otherwise ordered by the court.

(h) In a prosecution under this section, a justice of the superior court or district court may issue appropriate orders to restrain or prevent the unlawful dissemination of a person's visual image in violation of this section.

Notes of Decisions

Cited in 12 cases (5 in the last 5 years), 2010–2025 · leading case: Commonwealth v. Wassilie, 125 N.E.3d 682 (Mass. 2019).

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Commonwealth v. Wassilie, 125 N.E.3d 682 (Mass. 2019). · cites it 12× “Wassilie, was convicted on ten indictments charging him with secretly videotaping, with his cellular telephone (cell phone), unsuspecting individual adults who were nude or partially nude, in violation of G. L. c. 272, § 105( b ), first par. (paragraph one).”

Commonwealth v. Markus Cooper., 100 Mass. App. Ct. 345 (Mass. App. Ct. 2021). · cites it 8× “At a criminal trial, the evidence was sufficient to convict the defendant of photographing a person who is nude or partially nude, G. L. c. 272, § 105 (b), first par., where nothing in the plain language of the statute required the Commonwealth to produce a photograph, and where…”

Commonwealth v. Robertson, 5 N.E.3d 522 (Mass. 2014). · cites it 4× “At issue is whether G. L. c. 272, § 105 (b) (§ 105 [b]), which prohibits secretly photographing or videotaping a person “who is nude or partially nude” in certain circumstances, includes “upskirting.”

State of New Jersey Vs. Joshua Nicholson (13-12-0773, Somerset Cnty. & Statewide), 169 A.3d 990 (N.J. Super. Ct. App. Div. 2017). “at 526 (emphasis added) (quoting Mass. Gen. Laws ch. 272, § 105 (b) (2008)).”

Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010). “Law § 11-203(a)(6); Mass. Gen. Laws ch. 272, § 105 (a); Mo.Rev.”

Commonwealth v. Castro (Mass. App. Ct. 2021). · cites it 6× “Following a trial in the District Court, a jury convicted the defendant, Cesar Castro, of photographing an unsuspecting nude or partially nude person in violation of G. L. c. 272, § 105 (b). On appeal, the defendant challenges the sufficiency of the evidence, the admission of…”

Commonwealth v. Nascimento (Mass. App. Ct. 2017). · cites it 4× “The defendant was charged with, and convicted of, violating G. L. c. 272, § 105, for using his cellphone to videotape surreptitiously two teenage girls under their sundresses while traveling on the ferry to Nantucket.”

Alvin Campbell v. Commonwealth (Mass. 2024). · cites it 3× “265, § 26; and photographing an unsuspecting nude person, G. L. c. 272, § 105 (b). At the defendant's arraignment, cash bail was set at $250,000.”

Commonwealth v. Bazinet, 94 N.E.3d 439 (Mass. App. Ct. 2017). · cites it 2× “We presume the reference is to an offense defined by G. L. c. 272, § 105( b ), prior to its 2014 amendment.”

Portnoy v. Insider, Inc. (D. Mass. 2022). · cites it 2× “8 The crime of surreptitious recording under Mass. Gen. Laws ch. 272, § 105 (b) requires recording with an “intent to secretly conduct or hide such activity, when the other person .”

Commonwealth v. Mark Barry. (Mass. App. Ct. 2025). · cites it 2× “Notably, they reflect that at around the age of fifty-five, the defendant 4 Pursuant to the plea agreement, the defendant's third indictment, for photographing a nude or partially nude person, G. L. c. 272, § 105, was dismissed and the counts for possession of child pornography…”

Wassilie v. Commonwealth (Mass. 2017). “Wassilie was indicted on twenty-two counts of videotaping, with his cellular telephone, individuals who were nude or partially nude, in violation of G. L. c. 272, § 105 (b). The charges stem from two recordings, made continuously and on the same day at a public restroom, showing…”

— Mass. Gen. Laws ch. 272, § 105(a) — 1 case

Commonwealth v. Nascimento (Mass. App. Ct. 2017). “The defendant was charged with, and convicted of, violating G. L. c. 272, § 105, for using his cellphone to videotape surreptitiously two teenage girls under their sundresses while traveling on the ferry to Nantucket.”

— Mass. Gen. Laws ch. 272, § 105(b) — 1 case

Commonwealth v. Nascimento (Mass. App. Ct. 2017). “The defendant was charged with, and convicted of, violating G. L. c. 272, § 105, for using his cellphone to videotape surreptitiously two teenage girls under their sundresses while traveling on the ferry to Nantucket.”

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