Massachusetts Voyeurism and Hidden Camera Laws

Massachusetts addresses voyeurism and hidden cameras through multiple overlapping statutes that together create some of the strongest protections in the country against invasive visual recording. Mass. Gen. Laws ch. 272, Section 105 specifically targets voyeuristic photography and video recording, while Mass. Gen. Laws ch. 272, Section 99 adds felony penalties when hidden cameras also capture audio. The 2024 revenge porn law provides additional protections against non-consensual distribution of intimate images.

This guide covers the voyeurism statute, upskirting laws, hidden camera prohibitions, the revenge porn law, penalties, and how these protections overlap with the wiretap statute.

The Voyeurism Statute: Section 105

What Section 105 Prohibits

Mass. Gen. Laws ch. 272, Section 105 makes it a crime to:

• Photograph, videotape, or electronically surveil the sexual or other intimate parts of a person without that person's consent
• Record under or around clothing (upskirting/downblousing) without consent
• Covertly photograph or record a person who is nude or partially nude in a place where they have a reasonable expectation of privacy
• Disseminate images or video obtained through voyeuristic means

The statute defines "intimate parts" as the naked or undergarment-clad genitals, pubic area, buttocks, or female breast. The key element is that the recording is made without the subject's knowledge or consent in circumstances where the subject has not voluntarily exposed themselves.

The 2014 Amendment: Closing the Upskirting Loophole

The current version of Section 105 was enacted in response to a 2014 Massachusetts Supreme Judicial Court ruling in Commonwealth v. Robertson. In that case, the court found that the existing "peeping tom" statute did not cover upskirting on public transportation because the victims were not "nude or partially nude" in a place where they had an expectation of privacy.

The ruling prompted immediate legislative action. Within days, the Massachusetts legislature passed Chapter 16 of the Acts of 2014, which:

• Specifically criminalized photographing or recording under or around someone's clothing
• Expanded the definition of prohibited conduct to cover recordings in any setting, not just private locations
• Created enhanced penalties for voyeuristic recording of minors
• Made dissemination of voyeuristic images a separate criminal offense

Governor Deval Patrick signed the bill the same day it passed both chambers, reflecting the urgency of closing the legal gap.

Elements of a Section 105 Violation

To convict under Section 105, prosecutors must prove:

1. The defendant photographed, videotaped, or electronically surveilled the victim's intimate parts
2. The victim did not consent to the recording
3. The recording was covert or captured content that was not voluntarily exposed
4. The defendant acted willfully (not accidentally)

The statute applies regardless of the location. Voyeuristic recording on public transportation, in a store, on the street, or in any private location is covered.

Types of Hidden Camera Offenses

Hidden Cameras in Private Spaces

Placing hidden cameras in locations where people have a reasonable expectation of privacy is a criminal offense under Section 105. These locations include:

• Restrooms and bathrooms in homes, businesses, schools, and public buildings
• Changing rooms and fitting rooms in retail stores
• Locker rooms and showers in gyms, pools, and recreational facilities
• Hotel and motel rooms
• Bedrooms in someone else's home
• Lactation rooms in workplaces and public buildings
• Medical examination rooms (without patient consent)

Hidden Cameras in Rental Properties

Landlords or property owners who install hidden cameras in tenant living spaces face criminal charges under multiple statutes:

• Section 105 for voyeuristic recording in areas where tenants have a privacy expectation
• Section 99 if the cameras also capture audio (felony: up to 5 years in prison, $10,000 fine)
• Mass. Gen. Laws ch. 214, Section 1B for violation of the right of privacy (civil liability)

Tenants who discover hidden cameras should contact police immediately and document the camera's location with photographs.

Hidden Cameras in Workplaces

Employers who place hidden cameras in areas where employees have a privacy expectation face criminal and civil liability:

• Cameras in restrooms, changing areas, or break rooms where employees expect privacy violate Section 105
• Audio-capable hidden cameras in any workplace location violate Section 99
• The Massachusetts Attorney General's Office enforces workplace privacy protections

Upskirting and Similar Offenses

What Qualifies as Upskirting

Under the 2014 amendment to Section 105, upskirting includes:

• Placing a camera or phone under someone's skirt, dress, or other clothing to capture images of intimate areas
• Using any device to record under or around clothing without the person's consent
• Targeting someone's intimate parts through gaps in clothing, from unusual angles, or using mirror or reflection techniques

The offense can occur in any location: on the subway, in a store, on the street, in an elevator, or anywhere the offender gains visual access to intimate areas that the victim has not voluntarily exposed.

Technology-Facilitated Voyeurism

Modern technology has expanded the methods used for voyeuristic recording:

• Miniature cameras small enough to be hidden in everyday objects (pens, glasses, buttons, shoes)
• Smartphone cameras used covertly in crowded settings
• Drone cameras that can access windows, balconies, or private outdoor areas
• Telescopic lenses that can capture intimate images from a distance
• Smart glasses with cameras that are indistinguishable from regular eyewear

All of these methods are covered under Section 105 when used to capture intimate images without consent.

The 2024 Revenge Porn Law

St. 2024, Ch. 118

In September 2024, Governor Maura Healey signed St. 2024, ch. 118, a comprehensive law addressing non-consensual sharing of intimate images. The law filled a significant gap in Massachusetts protections.

What the Law Covers

The new statute criminalizes:

• Distributing intimate images of another person without their consent, when the person had a reasonable expectation of privacy
• Threatening to distribute intimate images as a form of coercion or harassment
• Creating AI-generated deepfake pornographic images depicting a real person without their consent
• Possessing and distributing deepfake intimate images

Penalties Under the Revenge Porn Law

Offense	Maximum Prison Term	Maximum Fine
First offense distribution of intimate images	2.5 years (house of correction)	$5,000
Subsequent offense	Enhanced penalties	Enhanced fines
Distribution involving a minor	Enhanced penalties	$10,000
AI deepfake intimate images	2.5 years (house of correction)	$5,000

Additional Protections

The 2024 law also:

• Created a juvenile diversion program for minors involved in sharing explicit images, recognizing that criminal prosecution of teenagers may not always serve the public interest
• Extended the statute of limitations for certain domestic violence offenses from 6 years to 15 years
• Provided civil remedies for victims, including the ability to seek injunctive relief (court orders to remove images) and damages
• Addressed "sextortion" by criminalizing threats to distribute intimate images as a form of coercion

How the Voyeurism and Wiretap Statutes Overlap

When Both Statutes Apply

A single act of hidden camera recording can violate both Section 105 and Section 99 simultaneously:

Scenario: Someone places a hidden camera with audio in a bathroom.

• Section 105 violation: Recording a person's intimate parts without consent in a private location (up to 5 years in prison, $5,000 fine)
• Section 99 violation: Secretly recording oral communications through the hidden camera's microphone (up to 5 years in prison, $10,000 fine)
• Potential additional charges: If images are distributed, the revenge porn law may also apply

Penalty Stacking

Because Section 105 and Section 99 address different conduct (visual invasion vs. audio interception), prosecutors can bring charges under both statutes for the same incident. The combined maximum penalties increase significantly:

Statutes Charged	Combined Maximum Prison	Combined Maximum Fine
Section 105 only (adult victim)	5 years	$5,000
Section 99 only	5 years	$10,000
Section 105 + Section 99 (audio camera)	10 years	$15,000
Section 105 (minor victim) + Section 99	10 years	$20,000

Detecting Hidden Cameras

How to Find Hidden Cameras

If you suspect a hidden camera in a rental property, hotel room, Airbnb, or other location, these methods can help:

• Visual inspection: Look for small holes in walls, ceilings, and objects. Check smoke detectors, clocks, picture frames, and electrical outlets for unusual features.
• Flashlight test: Shine a flashlight around the room. Camera lenses often reflect light distinctly.
• Phone camera check: Some hidden cameras use infrared LEDs that are invisible to the naked eye but visible through a smartphone camera (usually the front-facing camera).
• RF detector: Radio frequency detectors can identify wireless cameras that transmit signals.
• Network scan: Check the Wi-Fi network for unfamiliar connected devices that could be cameras.

What to Do If You Find a Hidden Camera

1. Do not touch or remove the camera until police have documented it
2. Take photographs of the camera and its placement
3. Leave the area if you feel unsafe
4. Contact local police to file a report
5. Contact the Massachusetts Attorney General's Office if the camera was in a commercial establishment
6. Consult an attorney about civil remedies, including damages and injunctive relief
7. If in a rental or hotel, contact the property management and consider reporting to the relevant licensing authority

Civil Remedies for Victims

Available Legal Actions

Victims of voyeurism and hidden camera recording in Massachusetts can pursue:

• Criminal prosecution through the district attorney's office
• Civil damages under Mass. Gen. Laws ch. 214, Section 1B (right of privacy)
• Section 99 Q damages if audio was captured ($100/day or $1,000 minimum, plus attorney fees)
• Revenge porn civil remedies under St. 2024, ch. 118 if images were distributed
• Restraining orders under Mass. Gen. Laws ch. 209A if the voyeurism is connected to domestic violence or abuse

Victim Resources

• Massachusetts Attorney General's Victim/Witness Assistance Program: mass.gov/victim-witness-assistance
• Massachusetts Office for Victim Assistance: mass.gov/mova
• SafeLink Domestic Violence Hotline: For situations where voyeurism is connected to domestic abuse

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