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COMMONWEALTH v. ROBERTSON

SJC-11353

467 Mass. 371 (2014)

COMMONWEALTH v. MICHAEL ROBERTSON.

Supreme Judicial Court of Massachusetts, Suffolk.

March 5, 2014.

Attorney(s) appearing for the Case

Michelle Menken for the defendant.

Cailin M. Campbell , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

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."1 The Commonwealth alleges in two criminal complaints that the defendant, Michael Robertson, while riding as a passenger on the Massachusetts Bay Transportation...

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