Norwood man first to be arrested under new 'upskirt' law - Boston News, Weather, Sports | FOX 25 | MyFoxBoston

Norwood man first to be arrested under new 'upskirt' law

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 BOSTON (MyFoxBoston.com) -- Transit police claim a Norwood man who was the first person to be arrested under the state's new "upskirting" law told them he heard on the news it wasn't illegal to "take pictures up a girl's skirt."

Joshua Gonsalves, 23, was arrested for upskirting after an incident at the Forest Hills MBTA Station Tuesday.

Investigators were called to the station at about 5:45 p.m. on reports of a man taking pictures up a woman's dress. The victim told Transit police she felt something brush up against her knees. When she looked down, she saw a man's hand between her legs. The man was holding an Apple iPad with the camera facing up her skirt.

The suspect boarded a Route 34 bus and left the area, but the bus was stopped at the corner of Garfield Avenue and Washington Street. When police boarded the bus, they noticed a man fitting the description of the suspect holding an iPad. The suspect, later identified as Gonsalves, was escorted off the bus, at which time he told police he heard it was not illegal to take photos up a girl's skirt.

Lawmakers approved legislation in March to crack down on those who secretly take photographs of "the sexual or other intimate parts" of women or children in public. The bill was written after the Supreme Judicial Court ruled that a man who took so-called "upskirt" photos on the MBTA did not violate state laws.

The legislation says anyone who "photographs, videotapes or electronically surveils" another person's sexual or intimate parts without that person's consent would face a misdemeanor charge with a maximum penalty of 2 1/2 years in jail and a $5,000 fine.
Those convicted of photographing or recording a child under 18 would face a felony charge with a maximum penalty of five years in prison and a $10,000 fine.
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