Kean Working To Ensure 'Upskirt' Photos Are Illegal In New Jersey

TRENTON, N.J. (CBSNewYork) - New Jersey lawmakers are working to ensure taking "upskirt" photos is against the law, in response to a legal loophole in Massachusetts where it was determined the photos are permissible under current state law.

Last week, a judge ruled that a man who secretly snapped cellphone photos up women's skirts while riding the subway in Boston was protected. The Massachusetts state legislature worked swiftly to make the practice of secretly taking photos of strangers' private parts illegal.

State Sen. Tom Kean, Jr. (R-Westfield) is taking a second look at New Jersey's privacy laws to see if a legal loophole like the one uncovered in Massachusetts exists in the Garden State.

"We do have some privacy statutes that may need to be clarified," Kean told WCBS 880's Jim Smith. "A lot of times, these laws that people have passed on privacy and a variety of other areas have not kept up with the technological times that we are currently in."

Kean said if there is a loophole, he'll work to close it with fresh legislation by the end of the month.

"Every day that this loophole isn't closed is one more day of potential victimization and that's why we need to act as quickly as humanly possible," Kean told Smith.

The new law, which takes effect immediately in Massachusetts, would punish "upskirting" with a maximum penalty of two-and-a-half years in jail and a $5,000 fine.

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