A bill aimed at banning “revenge porn” has been approved by lawmakers in the Massachusetts House and Senate and sent to Democratic Gov. Maura Healey, a move advocates say is long overdue.
If signed by Healey, the bill — which bans the sharing of explicit images or videos without the consent of those depicted in the videos — would leave South Carolina as the only state without a law specifically banning revenge porn.
Backers say the bill, which landed on Healey’s desk Thursday, would bring Massachusetts in line with the other 48 states that have clear bans on distributing sexually explicit images and videos without the individual’s consent. It’s a form of abuse that advocates say is becoming increasingly common in the digital age, exposing people to social and emotional harm often inflicted by former romantic partners.
The bill would criminalize distributing nude or partially nude photos of someone else without their consent. Violators face a prison sentence of two and a half years and a fine of $10,000. For subsequent violations, the penalty would increase to 10 years in prison and a $15,000 fine.
“No one should have their lives thrown into chaos because a private photo was shared without their consent, and no one should fear coercion or be threatened for sharing such a photo,” said Senate President Karen Spilka.
The bill explicitly states that even if a person consents to the initial creation of an explicit image or video, this does not mean that he or she also consents to it being distributed in the future without their additional consent.
The advent of artificial intelligence and deepfake technology in creating revenge porn has heightened lawmakers’ concerns. Supporters said the bill opens the door for legislation that further addresses the implications of the emerging technology.
Karissa Hand, an aide to Healey, said the governor, who previously served as the state’s attorney general, “has long supported legislation to ban revenge porn and hold accountable those who engage in abusive, coercive and deeply harmful behavior ” and looks forward to its review. every legislation that reaches her desk.
The legislation establishes a definition of coercive control to take into account non-physical forms of abuse, such as isolation, threatening harm to a family member or pet, controlling or monitoring activities, damaging property, publishing sensitive information and repeated legal action.
Proponents define coercive control as a pattern of intentional behavior by an abuser that substantially limits another person’s safety and autonomy.
By expanding the statute of limitations for domestic violence charges to 15 years, the bill would also give survivors more time to seek justice.
Under current law, minors who possess, purchase, or share explicit photos of themselves or other minors are charged with violating child sexual abuse image laws and are required to register as sex offenders.
The bill would instead require the Attorney General to develop an educational diversion program to provide adolescents who engage in revenge porn with information about the consequences and life-altering effects caused by engaging in this behavior.
District attorneys would still have the authority to petition the court to pursue criminal charges in extreme cases.
Jane Doe Inc., the Massachusetts Coalition Against Sexual Assault and Domestic Violence, called the bill’s passage in the Legislature “a milestone for survivors in Massachusetts.”
“Non-consensual sharing of intimate images impacts thousands of people in Massachusetts each year and increases the likelihood of further sexual harm to an individual,” the group said in a written statement.
“This bill takes a thoughtful approach to addressing the problem – one that balances strong protections for survivors with the recognition that younger people who cause this harm can and should often benefit from educational diversion rather than prosecution,” the group added to it.
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