The highest court in Massachusetts has determined that a man who took cellphone photos up the skirts of women riding the Boston subway did not violate state law because the women were not ``nude or partially nude.''


The Supreme Judicial Court, in a controversial decision dismissed charges against Michael Robertson who was arrested in August 2010 by transit police, who set up a sting after getting reports that he was using his cellphone to take photos and video up female rider's skirts and dresses.


The SJC decision says a woman on the MBTA ``wearing a skirt, dress, or the like covering these parts of her body is not a person who is `partially nude.'''


The SJC says while such actions should be illegal, the way state law is written they are not.