I looked at the MA law. Appear there is still that ‘expectation to privacy’. I don’t see how it is different. Additionally, it only refers to nude or partially nude. Maybe there is another statute?
“Partially nude”, the exposure of the human genitals, buttocks, pubic area or female breast below a point immediately above the top of the areola.
(b) Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.
Ch. 272, Section 105
http://law.justia.com/cases/massachusetts/supreme-court/2014/sjc-11353.html
Stuff like this makes me glad I’m not a lawyer!
http://www.cnn.com/2014/03/07/justice/massachusetts-upskirt-bill/index.html
https://malegislature.gov/Document/Bill/188/House/H3934.pdf
The law on the books now is the amended law.