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BOSTON (AP) — The Massachusetts House and Senate have approved a bill aimed toward banning “revenge porn.” The bill has been sent to Democratic Gov. Maura Healey, a measure supporters say is long overdue.
If Healey signs the bill banning the distribution of explicit images or videos without the consent of the people depicted in them, South Carolina can be the one state that doesn’t have a law explicitly banning revenge porn.
Supporters say the bill, which landed on Healey's desk on Thursday, would put Massachusetts in step with the opposite 48 states which have clear bans on the distribution of sexually explicit images and videos without the consent of those affected. Advocates say this type of abuse is becoming increasingly common within the digital age, leaving people exposed to social and emotional harm, often inflicted by former domestic partners.
The bill would make the distribution of nude or partially nude photos of one other person without their permission a criminal offense of harassment. Offenders withstand two and a half years in prison and a $10,000 positive. For repeat offenses, the penalty increases to as much as ten years in prison and a $15,000 positive.
“No person’s life should be thrown into chaos because a private photo was shared without their permission, and no one should fear coercion or be threatened by sharing such a photo,” said Senate President Karen Spilka.
The bill explicitly states that even when an individual consents to the initial creation of an explicit image or video, this doesn’t mean that she or he concurrently consents to the long run distribution of that image or video without his or her additional consent.
The use of artificial intelligence and deepfake technology in creating revenge porn has heightened concerns amongst lawmakers. Supporters said the bill opens the door for laws that further addresses the impact of the brand new technology.
Karissa Hand, an aide to Healey, said the governor, who previously served because the state's attorney general, “has long supported legislation that bans revenge porn and holds accountable those who engage in abusive, coercive and deeply harmful behavior” and appears forward to reviewing any bills that land on her desk.
The law sets out a definition of coercive control to incorporate non-physical types of abuse, similar to isolation, threats of violence against a member of the family or pet, control or monitoring of activities, damage to property, disclosure of confidential information, and repeated legal motion.
Proponents describe coercive control as a pattern of intentional behavior by an abuser that significantly limits the protection and autonomy of one other person.
By extending the statute of limitations for domestic violence charges to fifteen years, the bill would also give victims more time to hunt justice.
Under current law, minors who possess, purchase or share explicit photographs of themselves or other minors shall be charged with violating child sexual abuse laws and shall be required to register as sex offenders.
The bill would as an alternative require each state's attorney general to develop an education program to tell youth who watch revenge porn about the implications and life-changing effects of this behavior.
Prosecutors would still have the ability to request charges in court in extreme cases.
Jane Doe Inc., the Massachusetts Coalition Against Sexual Assault and Domestic Violence, called the bill's passage within the House “a milestone for survivors in Massachusetts.”
“Sharing intimate images without their consent affects thousands of people in Massachusetts each year and increases the likelihood of further sexual violence for that person,” the group said in a written statement.
“This bill takes a thoughtful approach to tackling the problem – one that balances strong protections for survivors with the recognition that younger people who commit this harm can and should often benefit from education rather than prosecution,” the group added.
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