Massachusetts – A 28-year-old Marblehead man arrested Tuesday and charged with secretly videotaping his female roommate having sex may have the dubious honor of being one of the first people in Massachusetts prosecuted under a new law against video voyeurism. Luis Gonzalez, 171 Pleasant St., faces one charge of photographing or videotaping an unsuspecting nude person after police recovered a small video camera concealed in the bedroom of his 19-year-old roommate, as well as a videotape of her and her 20-year-old boyfriend having sex.

“(Gonzalez) confessed that he put the camera into his roommate’s room about one month ago, to videotape her and her boyfriend having sex,” wrote Marblehead Police officer Cary Gaynor. “I watched a part of the videotape to confirm that it contained nudity and sexual content. The tape showed (Gonzalez’ roommate) and her boyfriend engaged in sexual relations.” Police seized both the videotape and the small camera, which Gonzalez’ roommate discovered stashed inside a vase in her room as she was cleaning, Tuesday night. Detectives had applied for a search warrant to return to the home and further search both Gonzalez’ room-where Gaynor observed several handheld cameras and recording devices-and his SUV, where police spotted several other tapes. Marblehead Police Lt. Robert Picariello said detectives confiscated cameras, cellular phones, DVDs, CD-ROMs, videotapes and computer equipment Wednesday afternoon. He said the investigation is ongoing. “It appears this is the first such case in Essex County,” said Steve O’Connell, spokesman for Essex County District Attorney Jonathan Blodgett. “With the technology out there today, unfortunately, we’ll probably see more in the months and years to come.” Gonzalez was released on his own recognizance but ordered to have no contact with his roommate, who was granted a restraining order against her roommate and former coworker immediately after his arraignment in Lynn District Court Wednesday. Gonzalez was placed on pre-trial probation and ordered by Judge Joseph Dever to submit to counseling and a mental health evaluation. He was also ordered not to use drugs or alcohol and submit to random drug testing. Gonzalez declined to comment on the allegations against him. Under the law, only approved by the state Legislature last November and added to the books this February, Gonzalez could face up to 21/2 years in jail and a $5,000 fine if convicted. If police can show that Gonzales distributed copies of the tapes, or put the content on the Internet, the penalty could increase to 5 years in state prison and a $10,000 fine. “I think it’s fair to say this is one of the first, although I can’t say for certain without polling every single district court, ” said Trisha Gould, director of training for the Massachusetts District Attorney’s Association. “My recollection is that this law was in response to the abuse of cell phone cameras and abuse of small cameras in health clubs and things like that. You certainly haven’t seen this in the news, other than a general concern over it.” A recent addition to the section of the Massachusetts General Laws dealing with crimes against chastity, morality, decency and good order, the new language prohibits voyeurs from taking advantage of the smaller, more easily concealed cameras and cellular phone cameras to capture illicit photos and video of unsuspecting victims at home or in public- the latter a practice known as “up-skirting.” Prior to the new law’s passage, such photography was not technically illegal, and the courts could only prosecute those who shot illicit video that included audio, violating wiretap laws. “With technical devices having become what they are, cameras are smaller and there is an ability to do more and more with them, I think this is an excellent new law,” said Picariello. “People have an expectation of privacy, and there will always be people out there (who threaten that.) We applaud any law that protects people’s privacy.” Gonzalez is due back in court Oct. 3 for a pre-trial conference.