BOSTON — The Massachusetts House and Senate have passed a bill to ban “revenge porn” and sent it to Gov. Maura Healey, a Democrat. Supporters of the bill say this is a long time.
If Healey signs the bill, it will make South Carolina the only state that doesn’t have a rule specifically against revenge porn. The bill would make it illegal to share explicit photos or videos without the consent of the people shown in the videos.
Supporters say that the bill, which was sent to Healey on Thursday, would make Massachusetts the same as the other 48 states that make it illegal to share sexually explicit photos and videos without the subject’s permission. People who fight against this kind of abuse say it’s becoming more common in the digital age. Victims are often ex-partners who hurt them socially and emotionally.
Sharing naked or mostly naked pictures of someone else without their permission would be considered harassment under this bill. People who broke the law could get up to two and a half years in jail and a $10,000 fine. If the same thing happened again, the person could get up to 10 years in jail and a $15,000 fine.
Senate President Karen Spilka said, “No one’s life should fall apart because a private photo was shared without their permission, and no one should be scared or threatened about sharing such a photo.”
A person’s permission to the creation of an explicit picture or video does not automatically grant permission for it to be shared without their further permission in the future. This is made clear in the bill.
Artificial intelligence and deepfake technology are now being used to make revenge porn, which makes lawmakers even more worried. Supporters of the bill said it makes it possible for other bills to be written to deal with the effects of this new technology.
An aide to Healey, Karissa Hand, said that the governor, who used to be the state’s attorney general, “has long supported legislation to ban revenge porn and hold accountable those who would engage in abusive, coercive, and deeply harmful behavior” and that she expects to review any legislation that comes to her desk.
The law sets up a term for coercive control to include abuse that isn’t physical, like isolating someone, threatening to hurt a family member or pet, controlling or spying on their activities, breaking things, leaking private information, and taking repeated legal action.
Advocates say that forced control is when someone intentionally does things that make it hard for someone else to be safe and make their own decisions.
By giving victims of domestic abuse 15 years more time to file a charge, the bill would also give them more time to get justice.
As things stand, minors who have, buy, or share sexy pictures of themselves or other minors are breaking laws against child sexual abuse images and need to register as sex criminals.
As an alternative, the bill would ask the state attorney general to create an educational diversion program that would teach teens who participate in revenge porn about the harmful effects and how it can change their lives.
In the worst cases, district attorneys would still be able to ask the court to bring criminal charges.
The Massachusetts Coalition Against Sexual Assault and Domestic Violence, or Jane Doe Inc., said that the bill’s passing in the Legislature was “a big step forward for survivors in Massachusetts.”
“Every year, sharing intimate photos without permission affects thousands of people in Massachusetts and makes it more likely that someone will be sexually abused again,” the group said in a written statement.
The group said, “This bill takes a thoughtful approach to addressing the problem. It strikes a balance between strong protections for survivors and the fact that young people who cause this harm often can and should benefit from educational diversion over prosecution.”
Source: AP News