Massachusetts lawmakers in the House and Senate have approved a bill that aims to make “revenge porn” illegal. The bill has been sent to Democratic Governor Maura Healey for her signature. Advocates say this move was long overdue.
If Healey signs the bill, which prohibits sharing explicit images or videos without the consent of the people shown in them, South Carolina would be the only state without a specific law banning revenge porn.
Supporters say the bill, which reached Healey’s desk on Thursday, would bring Massachusetts in line with the other 48 states that have clear laws against sharing sexually explicit images and videos without the subject’s permission. Advocates say this form of abuse has become more common in the digital age and often causes social and emotional harm to victims, typically inflicted by former romantic partners.
Under the bill, sharing nude or partially nude photos of another person without their consent would be considered criminal harassment. Offenders would face up to two and a half years in prison and a $10,000 fine. For subsequent offenses, the punishment would increase to up to 10 years in prison and a $15,000 fine.
“No person’s life should devolve into chaos because a private photo was shared without their permission, and no person should fear coercion or be threatened with the sharing of such a photo,” said Senate President Karen Spilka.
The bill clearly states that even if a person agrees to the initial creation of an explicit image or video, it does not mean they are also agreeing to its distribution without their additional consent in the future.
The emergence of artificial intelligence and deepfake technology in creating revenge porn has added to lawmakers’ concerns. Supporters said the bill opens the door to further legislation addressing the implications of these new technologies.
Karissa Hand, an aide to Healey, said the governor, who was previously 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 looks forward to reviewing any legislation that reaches her desk.
The legislation defines coercive control to include 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.
Advocates describe coercive control as a pattern of deliberate behavior by an abuser that substantially restricts another person’s safety and autonomy.
The bill would also extend the statute of limitations for domestic violence charges to 15 years, giving 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 state 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 the behavior.
District attorneys would still have the authority to petition the court to bring 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 every year, and increases an individual’s likelihood of further sexual harm,” 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 a recognition that younger people who cause this harm often can and should benefit from educational diversion over prosecution,” the group added.
The Associated Press contributed to this article.