- Massachusetts state House and Senate members have approved a bill banning “revenge porn” and sent it to Democratic Governor Maura Healey for her signature.
- If the bill passes, Massachusetts will join 48 other states that have laws banning the sharing of sexual images or videos without consent, leaving South Carolina as the only state without such a law.
- The bill would make it a crime to distribute nude or semi-nude photographs without permission, with penalties of up to two and a half years in prison and a $10,000 fine, with increased fines for repeat offenders.
A bill to outlaw “revenge porn” has been approved by the Massachusetts House and Senate and sent to Democratic Gov. Maura Healey, but supporters say the move is long overdue.
If signed by Governor Healey, the bill would ban the sharing of explicit images or videos without the consent of the people featured in the videos, making South Carolina the only state without a law that specifically bans revenge porn.
The bill, which reached Governor Healey’s desk on Thursday, brings Massachusetts into line with 48 other states that explicitly ban the distribution of sexually explicit images or videos without a person’s consent, a form of abuse that advocates say is increasingly common in the digital age and often leads to social and emotional harm from former partners.
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The bill would make distributing nude or partially nude photos of another person without their permission a criminal act of harassment. Violators would be subject to up to two and a half years in prison and a $10,000 fine. For repeat offenders, the penalties would increase to up to 10 years in prison and a $15,000 fine.
Massachusetts State House in Boston, Jan. 2, 2019. Lawmakers in the Massachusetts House and Senate have approved a bill to criminalize “revenge porn,” sending it to Democratic Gov. Maura Healey on Thursday, June 13, 2024. Supporters say the move is long overdue. If signed by Gov. Healey, the bill, which would ban the sharing of explicit images or videos without the consent of those in the videos, would make South Carolina the only state without a law that specifically bans revenge porn. (AP Photo/Elise Amendola, File)
“No one’s life should be disrupted because intimate photos have been shared without their permission, and no one should have to fear coercion or intimidation for sharing such photos,” said Senate President Karen Spilka.
The bill makes clear that even if an individual consents to the initial creation of an explicit image or video, it does not mean that they consent to it being distributed in the future without their additional consent.
The use of artificial intelligence and deepfake technology to create revenge porn has raised concerns among lawmakers, and supporters of the bill say it paves the way for legislation to further address the impact of this new technology.
Massachusetts Senate passes bill to criminalize ‘revenge porn’
Healey’s aide, Carisa Hand, said the governor, a former state attorney general, has “long supported legislation to ban revenge porn and hold accountable those who engage in abusive, coercive and extremely harmful behavior,” and said she looks forward to considering the bill once it reaches his desk.
The law establishes a definition of coercive control that encompasses non-physical forms of abuse, such as isolation, threats of harm to family members or pets, control or monitoring of activities, damage to property, disclosure of confidential information, and repeated legal action.
Advocates describe coercive control as an intentional pattern of behavior in which an abuser severely limits another person’s safety and autonomy.
The bill would also give victims more time to seek justice by extending the statute of limitations for domestic violence offenses to 15 years.
Under current law, if a minor possesses, purchases or shares explicit photos of themselves or other minors, they can be charged with violating the Child Sexual Abuse Images Act and be required to register as a sex offender.
Instead, the bill would require state attorneys general to develop educational diversion programs to provide juveniles who engage in revenge porn with information about the consequences and life-changing impacts of their behavior.
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Local prosecutors would still have the power to file criminal charges in court in extreme cases.
Jane Doe, Inc., the Massachusetts coalition against sexual assault and domestic violence, called the bill’s passage in the state Legislature “a milestone for victims in Massachusetts.”
“The non-consensual sharing of intimate images affects thousands of people each year in Massachusetts and increases the vulnerability of individuals to further sexual victimization,” the group said in a statement.
“This bill approaches the issue with a thoughtful approach that balances strong protections for victims with recognition that young people who commit such harm can and should benefit from educational diversion rather than prosecution,” the group added.
