BOSTON — Massachusetts took a step closer to banning nonconsensual pornography Wednesday.
The Democratic-led House voted 151-0 to approve a bill to criminalize the unwanted sharing of sexually explicit content by adults.
Massachusetts is one of only two states – along with South Carolina – that has yet to criminalize so-called revenge porn. 25 Investigates last year revealed how Massachusetts’ previous efforts to ban nonconsensual pornography have floundered amid concerns about civil liberties and lawmakers’ failure to agree on a compromise bill in late 2022.
Rep. Michael Day, chair of the Joint Committee on the Judiciary, spoke in favor of the bill’s passage on the House floor Wednesday.
He and other lawmakers thanked survivors and advocacy groups for pushing for action on the bill.
“Imagine everyone listed on your phone, receiving photos of you in your most intimate and vulnerable moment,” Day, a Democrat whose district includes parts of Middlesex County, said. “Imagine going to file charges and being told there is nothing or very little that can be done in the criminal justice system.”
Day said the latest bill will close a loophole in the state’s criminal harassment law that currently leaves survivors of nonconsensual pornography without recourse.
Members of Jane Doe Inc. – the statewide coalition against sexual assault and domestic violence – applauded the vote in a statement.
“An Act to Prevent Abuse and Exploitation will address this gap by creating diversion-centered approaches to curb this behavior, as well as establishing both civil and criminal pathways for victims to seek protection,” reads Jane Doe’s statement.
Under the proposed legislation, anyone who “knowingly distributes” explicit visual material of another person will be guilty of criminal harassment.
The bill would apply in cases where the individual has “reckless disregard” or intends to emotionally distress the other person.
Punishment can include imprisonment in a house of corrections for up to 2 ½ years and/or a fine of up to $10,000.
Day said the bill: “makes it easier for survivors to obtain harassment prevention orders. To have direct input on criminal dispositions, and to reclaim their power and their lives from their predators.”
The bill also sets up an educational diversion program for children who send each other explicit images of other minors.
“When a child is found to have engaged in dangerous behavior, the court will divert these juveniles away from the criminal justice system and into an educational program,” Day said.
The bill would also allow prosecutors to object and ask the court to for permission to bring cases forward against minors in certain scenarios.
The bill also makes clear that teenagers between the age of 16 and 18 who consensually share explicit images aren’t guilty of criminal conduct.
As many as one in twelve adult social media users have been victims of nonconsensual pornography, according to the advocacy group Cyber Civil Rights Initiative.
And one in 20 adult social media users have perpetrated what’s often called revenge porn – also known as nonconsensual pornography, or image-based sexual harassment or abuse.
The bill that passed the House Wednesday also contains a new provision allowing domestic violence survivors to obtain restraining orders for what’s known as “coercive control.”
That means everything from emotional, financial, legal to technological abuse.
“Perhaps their partner may open up a credit card or a loan in their name, or perhaps may use their immigration status as a pawn,” said Rep. Tram Nguyen, a Democrat whose district includes parts of Essex and Middlesex counties.
“We all deserve the right to exercise control over our lives, our bodies and our decisions,” Nguyen said.
In order to get the bill to the governor’s desk, the bill will need to pass the Senate, too.
The Senate has not scheduled a vote on the bill as of Wednesday.
In a statement, Jane Doe said coalition members hope the Senate makes the bill’s passage a priority.
“Alongside survivors and advocates across Massachusetts, we hope the State Senate will take up this essential, lifesaving legislation without delay, and bring us one step closer to achieving justice for survivors and preventing future violence,” Jane Doe’s statement reads.
The Senate has not scheduled a vote on the bill as of Wednesday.
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