By Bob Katzen
The House 155-0, Senate 38-0, approved and sent to Gov. Maura Healey a bill 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; allows a victim to petition the court for a harassment prevention order against a person who has violated this statute; and extends the statute of limitations to pursue criminal charges for certain domestic violence offenses from six years to 15 years.
The measure adds coercive control to the definition of abuse. Coercive control is a nonphysical form of abuse that includes a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member in a manner that causes the targeted individual to fear physical harm or to have a reduced sense of physical safety or autonomy. Examples of coercive control include threatening to share explicit images, regulating or monitoring a family or household member’s communications and access to services, and isolating a family or household member from friends or relatives.
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.
“The House has heard the urgent call of survivors to enhance protections and ensure that our laws keep up with technology,” said Rep. Mike Day (D-Stoneham), House chair of the Judiciary Committee and lead House sponsor of the measure. “But the House does not just listen, we act.”
“After so many years of hard work, we are finally at a stage where we can bring closure to those who continue to suffer the consequences, and live under the threat of, revenge pornography and abusive control,” said Sen. John Keenan (D-Quincy), lead Senate sponsor of the legislation. “We are sending a message that this kind of activity will not be tolerated in our commonwealth … Once this bill is signed into law, we will be able to rectify and prevent so many injustices across Massachusetts.”
(A “Yes” vote is for the bill.)
Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Paul Donato Yes Rep. Erika Uyterhoeven Didn’t Vote Sen. Patricia Jehlen Yes