Framingham Upskirting Defense Lawyer

Massachusetts takes privacy violations seriously, and the offense of upskirting—the act of secretly photographing or recording another person’s private areas under their clothing—is a specific crime under state law. Upskirting charges carry severe penalties and significant social stigma, making it critical to seek skilled legal representation if you are facing such allegations. At Cappetta Law Offices, we understand how overwhelming these charges can be and are committed to providing a strong defense. Attorney Daniel Cappetta defends against upskirting charges sometimes also called photographing an unsuspecting person in the nude in Framingham and throughout the Commonwealth of MA.

In Massachusetts, upskirting is prohibited under General Laws Chapter 272, Section 105. The statute defines upskirting as using a device, such as a phone or camera, to secretly photograph, videotape, or record another person’s intimate areas under their clothing without their consent. The law applies whether the victim is in a public or private place, as long as they have a reasonable expectation of privacy.

This offense often arises in settings like public transportation, crowded events, or retail stores. Even unintentional actions, such as an accidental recording, can lead to accusations, which is why a careful review of the circumstances is crucial.

If convicted of upskirting in Massachusetts, the penalties can include significant fines, imprisonment, and mandatory registration as a sex offender. A first offense can result in up to 2½ years in jail and a fine of up to \$5,000. If the recording involves a minor, the consequences are even more severe, with potential prison sentences of up to 5 years and heightened fines.

Beyond the legal consequences, a conviction can severely damage your personal and professional life. The social stigma associated with a sex-related offense can affect your relationships, employment opportunities, and reputation within the community.

At Cappetta Law Offices, we approach upskirting cases with diligence and a commitment to protecting your rights. Some possible defenses include challenging whether the act was intentional, proving the alleged victim did not have a reasonable expectation of privacy, or showing that the evidence was unlawfully obtained. Additionally, we thoroughly examine the prosecution’s case for weaknesses, such as insufficient evidence or issues with the chain of custody for any recordings or devices.

It is also essential to scrutinize how law enforcement conducted their investigation. If there were procedural errors or violations of your constitutional rights, such as an unlawful search or seizure, we will file motions to suppress evidence and fight for a fair outcome.

Attorney Daniel Cappetta’s background as a former prosecutor gives him a unique perspective on defending clients against criminal charges. He understands the strategies the Commonwealth may use in upskirting cases and how to counter them effectively. Our firm is dedicated to providing personalized and aggressive representation for every client.

We know that facing upskirting allegations can feel isolating and overwhelming, but you don’t have to face it alone. We’ll guide you through the legal process, explain your options, and develop a defense strategy tailored to your situation.

If you are facing upskirting charges, it is crucial to act quickly. The sooner you contact an experienced attorney, the better your chances of achieving a favorable resolution. At Cappetta Law Offices, we are ready to defend your rights and protect your future.

Call us at 508-762-4540 to schedule a confidential consultation. We serve clients throughout Massachusetts and are dedicated to providing the skilled representation you need to fight these charges.