By Bob Katzen

The Senate 40-0, approved a proposal that would prohibit the posting of sexually explicit images of another person online without their permission— commonly referred to as “revenge porn.” The practice is often used by ex-spouses or ex-partners.

Massachusetts is one of only two states that does not have a law about this crime. The measure makes it illegal to break this new law and establishes a sentence of up to 2.5 years in prison and/or a fine of up to $10,000; increases the upper limit of the fine for criminal harassment from $1,000 to $5,000; and allows a victim to petition the court for a harassment prevention order against a person who has violated this statute.

Another provision changes current law under which minors, under 18 years of age, who share explicit images of themselves or other minors, can be charged with violating Massachusetts child pornography laws and are required to register with the Sex Offender Registry. The bill allows minors to be diverted to an educational program that would provide them with information about the consequences of posting or transmitting indecent visual depictions of minors.

“With passage of this bill today we take another step towards closing a loophole in our laws that has caused pain, anguish, embarrassment and a sense of helplessness to those survivors who for so long suffered in silence, without justice,” said chief sponsor Sen. John Keenan (D-Quincy). “I am deeply grateful to those who shared their stories and advocated for change to ensure others would not have to suffer as they have. For every case we know of, countless others remain hidden, so I hope passage of this legislation by the Senate will soon lead to the bill being signed into law by the governor. Most importantly, I hope it will provide some closure for survivors and their loved ones and send a clear message that there will be consequences for such conduct.”

“I am proud that the Senate has passed comprehensive legislation to prevent abuse and exploitation,” said Sen. Jamie Eldridge (D-Marlborough), Senate Chair of the Judiciary Committee. “The rise of new technology has created a reality in our society where it is easy to cause great harm and significant trauma to people, and Massachusetts needs to take action to better protect victims and prevent such disturbing actions from happening. We also need to provide more tools to protect people in a relationship from being psychologically abused through coercive control, with a growing recognition of the many ways that a partner or family member can cause emotional harm.”

The House has already approved a different version of the bill and a House-Senate conference committee will likely work out a compromise version.

(A “Yes” vote is for the bill.)

Sen. Patricia Jehlen Yes