- Lawmakers in the Massachusetts House and Senate have approved a bill outlawing “revenge porn,” sending it to Democratic Gov. Maura Haley for signature.
- If signed, Massachusetts would join 48 other states that have laws against sharing explicit images or videos without consent, leaving South Carolina as the only state without such a law.
- The bill would make it a crime to disseminate nude or partially nude images without permission, punishable by up to 2.5 years in prison and a fine of up to $10,000, with penalties that would increase for repeat offenders.
A bill aimed at outlawing ‘revenge porn’ has been approved by US lawmakers. Massachusetts It has been cleared from the House and Senate and handed to Democratic Gov. Maura Haley, a move that supporters say is long overdue.
If signed into law by Haley, the bill would prohibit the sharing of explicit images or videos without the consent of the people featured in the videos — making South Carolina the only state that does not have a law banning revenge porn.
Supporters say the bill, which reached Healey’s desk on Thursday, would put Massachusetts in line with the other 48 states that have explicit bans on transmitting sexually explicit images and videos without the subject’s consent. It’s a form of abuse that advocates say has become increasingly common in the digital age, causing social and emotional harm to people that’s often perpetrated by former romantic partners.
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According to this bill, circulating nude or partially nude photographs of another person without their permission will be considered criminal harassment. Offenders will face up to two and a half years in prison and a fine of $10,000. On subsequent offenses, the punishment will increase to up to 10 years in prison and a fine of $15,000.
The Massachusetts Statehouse is seen in Boston on January 2, 2019. A bill aimed at outlawing “revenge porn” was approved by lawmakers in the Massachusetts House and Senate and sent to Democratic Governor Maura Healey on Thursday, June 13, 2024, a move advocates say is long overdue. If signed by Healey, the bill — which prohibits the sharing of explicit images or videos without the consent of those featured in the video — would make South Carolina the only state that has no law banning revenge porn. (AP Photo/Alice Amendola, File)
“No one’s life should be disrupted because a private photo was shared without their permission, and no one should feel pressured or threatened to share such a photo,” said Senate President Karen Spilka.
The bill clearly states that even though a person may consent to the initial creation of an explicit image or video, that does not mean he or she also agrees that it can be distributed in the future without his or her additional consent.
The advent of artificial intelligence and deepfake technology in the creation of revenge porn has raised concerns among lawmakers. Supporters said Bill This has opened the way for legislation to address the implications of emerging technology.
Massachusetts Senate passes bill criminalizing ‘revenge porn’
Haley’s aide Carissa Hand said the governor, who was previously the state’s attorney general, has “long supported legislation to ban revenge porn and hold accountable those who engage in abusive, coercive and extremely harmful behavior” and that she looks forward to reviewing any legislation that comes her way.
The law establishes a definition of coercive control to include non-physical forms of abuse such as isolation, threats of harm to a family member or pet, controlling or monitoring activities, damaging property, publishing sensitive information, and repeated legal action.
Advocates describe coercive control as an intentional pattern of behavior by an abuser that substantially 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 charges to 15 years.
Under current law, minors who possess, purchase or share explicit images of themselves or other minors are charged with violating the Child Sexual Abuse Images law and are required to register as sex offenders.
Instead, the bill would require state attorneys general to develop an educational diversion program to provide teens who view revenge porn with information about the consequences and life-altering effects of this behavior.
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The District Attorney will still have the authority to file a petition in court Criminal cases 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 victims in Massachusetts.”
“The non-consensual sharing of intimate images affects thousands of people in Massachusetts each year, and increases the risk of further sexual harm to an individual,” the group said in a written statement.
The group added: “This bill takes a thoughtful approach to addressing the problem – balancing strong protections for victims with the recognition that young people who cause harm can and should benefit from diversion into education rather than prosecution.”
