Massachusetts G.L. c. 272, § 105: Photographing, Videotaping, or Electronically Surveilling a Nude or Partially Nude Person
If your charging documents reference G.L. c. 272, § 105, you are facing a charge that covers secret photography or recording. Understanding exactly what the prosecution must prove is the first step toward protecting yourself.
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What Does G.L. c. 272, § 105 Prohibit?
Massachusetts G.L. c. 272, § 105 makes it a misdemeanor or felony offense to willfully photograph, videotape, or electronically surveil a nude or partially nude person with intent to secretly do so, when that person had a reasonable expectation of privacy and did not know of or consent to being recorded. It separately criminalizes disseminating a visual image obtained in violation of this statute.
"Partially nude" means exposure of the genitals, buttocks, pubic area, or female breast below a point immediately above the top of the areola. "Electronically surveils" means viewing, obtaining, or recording a visual image using a camera, wireless device, computer, television, or other electronic device.
A separate provision of this statute addresses recording in gymnasiums, athletic facilities, restrooms, or changing areas where a person would have a reasonable expectation of privacy, without that person's consent.
This statute does not apply to law enforcement officers acting within the scope of their authority, or to merchants who post conspicuous signage before electronically surveilling a customer changing room.
What the Prosecution Must Prove
To convict you of the base recording offense, the Commonwealth must prove each of the following beyond a reasonable doubt:
Willful Photography or Surveillance : You willfully photographed, videotaped, or electronically surveilled another person who was nude or partially nude.
Intent to Secretly Conduct or Hide the Activity : You intended to secretly conduct or hide the recording.
Reasonable Expectation of Privacy : The alleged victim, in that place and circumstance, would have had a reasonable expectation of privacy in not being recorded.
Without Knowledge and Consent : The alleged victim did not know of, and did not consent to, being photographed, videotaped, or electronically surveilled.
The Commonwealth must prove ALL of these elements. Whether the recording was truly secret, and whether the alleged victim actually had a reasonable expectation of privacy in that specific setting, are frequently the central issues in these cases.
Willful Photography or Surveillance : You willfully photographed, videotaped, or electronically surveilled another person who was nude or partially nude.
Intent to Secretly Conduct or Hide the Activity : You intended to secretly conduct or hide the recording.
Reasonable Expectation of Privacy : The alleged victim, in that place and circumstance, would have had a reasonable expectation of privacy in not being recorded.
Without Knowledge and Consent : The alleged victim did not know of, and did not consent to, being photographed, videotaped, or electronically surveilled.
The Commonwealth must prove ALL of these elements. Whether the recording was truly secret, and whether the alleged victim actually had a reasonable expectation of privacy in that specific setting, are frequently the central issues in these cases.
Penalties Under Massachusetts Law
This statute carries different penalty tiers for the underlying recording and for disseminating the resulting images.
Base Recording Offense
● Up to 2.5 years in a house of correction, OR
● A fine of up to $5,000, OR both
● This same penalty range applies to recording in gymnasiums, athletic facilities, restrooms, or changing areas without consent
● Both fine and imprisonment possible
● A fine of up to $5,000, OR both
● This same penalty range applies to recording in gymnasiums, athletic facilities, restrooms, or changing areas without consent
● Both fine and imprisonment possible
Dissemination of the Image
● Adult victim: up to 2.5 years in a house of correction, or up to 5 years in state prison, or a fine of up to $10,000, or both
● Victim under 18, with knowledge the image was unlawfully obtained: up to 2.5 years in a house of correction, or up to 10 years in state prison, or a fine of up to $10,000, or both
● Dissemination requires knowledge that the image was unlawfully obtained and lack of consent from the person depicted
● Victim under 18, with knowledge the image was unlawfully obtained: up to 2.5 years in a house of correction, or up to 10 years in state prison, or a fine of up to $10,000, or both
● Dissemination requires knowledge that the image was unlawfully obtained and lack of consent from the person depicted
Collateral Consequences
● A criminal record affecting employment
● Possible sex offender registration requirements, depending on the specific charge and disposition
● Immigration consequences for non-citizens
● Professional license implications
● Court authority to issue orders restraining further dissemination of the image
● Difficulty obtaining housing
● Significant impact on personal and family relationships
● Possible sex offender registration requirements, depending on the specific charge and disposition
● Immigration consequences for non-citizens
● Professional license implications
● Court authority to issue orders restraining further dissemination of the image
● Difficulty obtaining housing
● Significant impact on personal and family relationships
Related Criminal Charges
● G.L. c. 272, § 99: Interception of Wire and Oral Communications : A related electronic surveillance statute that may apply depending on the circumstances
● G.L. c. 265, § 43A: Criminal Harassment : Sometimes charged alongside this offense if the recording is part of a broader pattern of conduct
● G.L. c. 265, § 43: Stalking : A more serious felony charge if the recording is part of a pattern that also includes a threat
● G.L. c. 272, § 29C: Knowing Possession of Child Pornography : An entirely distinct and far more serious charge if the person depicted is a minor
● G.L. c. 266, § 120: Trespass, sometimes charged if the recording required unauthorized entry onto private property
Related Practice Area: Our Sex Crimes Defense Practice Area Overview
● G.L. c. 265, § 43A: Criminal Harassment : Sometimes charged alongside this offense if the recording is part of a broader pattern of conduct
● G.L. c. 265, § 43: Stalking : A more serious felony charge if the recording is part of a pattern that also includes a threat
● G.L. c. 272, § 29C: Knowing Possession of Child Pornography : An entirely distinct and far more serious charge if the person depicted is a minor
● G.L. c. 266, § 120: Trespass, sometimes charged if the recording required unauthorized entry onto private property
Related Practice Area: Our Sex Crimes Defense Practice Area Overview
Defending Against Secret Photography Charges
These cases often present genuine defense opportunities because the statute has specific, demanding requirements. If the alleged victim knew of and consented to the recording, that is a complete defense.
A key defense involves challenging whether you actually intended to secretly conduct or hide the recording, as opposed to recording openly in a way the alleged victim could reasonably have known about.
We also examine whether the alleged victim actually had a reasonable expectation of privacy in that specific place and circumstance, and, if the appearance of nudity or partial nudity is incidental to a photo or video primarily focused on something else, whether the statute's specific requirements are actually met.
If dissemination is alleged, we examine whether you actually knew the image had been unlawfully obtained, since that knowledge requirement is essential to that charge.
A key defense involves challenging whether you actually intended to secretly conduct or hide the recording, as opposed to recording openly in a way the alleged victim could reasonably have known about.
We also examine whether the alleged victim actually had a reasonable expectation of privacy in that specific place and circumstance, and, if the appearance of nudity or partial nudity is incidental to a photo or video primarily focused on something else, whether the statute's specific requirements are actually met.
If dissemination is alleged, we examine whether you actually knew the image had been unlawfully obtained, since that knowledge requirement is essential to that charge.
What To Do Right Now
If you have been charged under G.L. c. 272, § 105, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
This charge can carry lasting consequences, including possible registration requirements depending on the specific facts. Experienced legal representation is essential.
For over 30 years, we have defended serious charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For over 30 years, we have defended serious charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
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Contact our team today for a free consultation. We are available 24/7.
