House adopts revenge porn, survivor protection bill

The Massachusetts State House in Boston

The Massachusetts State House in Boston

By CHRIS LISINSKI

State House News Service

Published: 01-11-2024 5:59 PM

BOSTON — For the second straight legislative term, the House unanimously approved legislation Wednesday aimed at closing a “loophole” that makes Massachusetts one of only two states without a clear, enforceable ban on revenge porn.

Representatives voted 151-0 in support of a bill that would deem it criminal harassment to share sexually explicit images or videos of someone without their consent, create a new legal framework for teen sexting and add “coercive control” to the definition of abuse in state law.

Disseminating explicit material without a subject’s permission, a practice often referred to as revenge porn, has become increasingly common in the digital age. But anti-sexual assault and violence groups warn that Massachusetts and South Carolina fail to prohibit the practice, unlike 48 other states with more explicit protections on the books.

Judiciary Committee Co-chair Rep. Michael Day of Stoneham said his panel heard harrowing experiences from survivors about intimate pictures or videos of them being shared widely without their permission, sometimes as an act of retribution from a former romantic partner. One person, Day recalled, asked lawmakers to “imagine going to file charges related to this breach of trust and being told there is nothing or very little that can be done in the criminal justice system.”

“We in this body believed and still believe that this conduct falls under the definition of criminal harassment, yet as we listened to these individuals relay their painful stories to us and spoke with our prosecutors, we found that this crime was not being charged for a number of reasons, chief among them a loophole that’s developed in case law around our criminal harassment statute,” Day said in remarks on the chamber floor.

Lawmakers have previously pointed to a 2005 Supreme Judicial Court ruling as a problem, saying it effectively prevented prosecutors from charging suspects in revenge porn cases unless there were three or more incidents.

The House-approved bill seeks to close that gap by adding a new section to the state’s criminal harassment law prohibiting distribution of sharing sexually explicit pictures or videos of someone without their consent if it causes them physical or economic injury or emotional harm. The legislation authorizes penalties of up to 2½ years in prison and a maximum $10,000 fine.

“It’s my hope that the words these survivors uttered carry this bill forward from this chamber with urgency and help deliver the action that our constituents so richly deserve,” Day said.

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Like the version the House approved in 2022, the bill that sailed through the chamber Wednesday also crafts new options for law enforcement to deal with sexting between adolescents.

It would instruct the attorney general’s office to create an educational diversion program, where minors who share explicit images of themselves or their peers would be directed instead of into the justice system. Teenagers who are 16 and 17, and therefore legally able to consent to sex, would not face criminal penalties for consensually sharing explicit images.

Lawmakers said the existing statute is too narrow, presenting police with only two real options when teenagers exchange explicit images and videos: Charge them for possessing or disseminating child pornography or do nothing.

“Law enforcement officers are looking for a middle ground that will allow them to educate kids about the consequences of their actions without ruining their lives,” said Rep. Jeff Roy, a Franklin Democrat. “(The bill) strikes that balance and it puts teens in a position to learn both the legal and non-legal consequences of their actions because of the comprehensive educational program.”

The House-approved bill also newly features language expanding the definition of abuse to include “coercive control,” which includes behaviors aimed at limiting a victim’s safety or autonomy. The Judiciary Committee approved that addition when it advanced the bill in the fall.

In addition to adding coercive control to the kinds of abuse that can qualify for a restraining order, the House bill would extend the statute of limitations from six years to 15 years for assault and battery on a family or household member or against someone with an active restraining order, according to a summary House Democrats produced.

Rep. Natalie Higgins of Leominster said that change lines up with the existing statue of limitations for rape and other sexual violence crimes.

Asked for a timeline on action, a spokesperson for Senate President Karen Spilka on Wednesday said the chamber “will review the legislation after it is passed by the House.”