By Bob Katzen
Gov. Maura Healey signed into law 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. The measure was recently unanimously approved by the House and Senate.
Massachusetts was one of only two states that did not have a law about this crime. The measure 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 be 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.
“This law will save lives and strengthens our efforts to hold accountable those who would engage in abusive, coercive and deeply harmful behavior,” said Gov. Healey. “This is about stopping violence, because nobody deserves to be subjected to threats, abuse or control. We’re grateful … to all of the survivors who bravely came forward to share their powerful stories of pain, fear and trauma to make a difference for generations to come.”
“The inclusion of coercive control in this bill is a vital advancement in safeguarding individuals from abuse,” said Vilma Uribe, Executive Director of the Governor’s Council to Address Sexual Assault, Domestic Violence and Human Trafficking. “It acknowledges the severe impact of manipulative behaviors and provides crucial protections for victims-survivors. Equally important is the inclusion of media literacy for our youth, empowering them to navigate the digital world responsibly.”
“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 (D-Ashland). “I’m proud that this legislation protects our residents and supports young people who make a mistake.”
“This legislation modernizes our criminal laws by ensuring that those who share explicit images of others without their consent face punishment, while also educating minors on the dangers of sharing explicit images of themselves rather than imposing upon them some of the criminal justice system’s most severe consequences,” said House Speaker Ron Mariano (D-Quincy). “I’m also incredibly proud of this legislation’s bolstered protections for survivors, including the added consideration of nonphysical forms of abuse for those who are seeking restraining orders from their abusers.