Legislators in Massachusetts, one of only two states in the nation that does not have legislation addressing the non-consensual distribution of lewd images, may soon take up the issue, House Speaker Ronald Mariano said Monday.
As the trend of former partners and others disseminating explicit images without the permission of the person depicted in those photos and videos — often referred to as “revenge porn” — became more common over the last decade, nearly every state in the nation passed laws prohibiting it. Two, Massachusetts and South Carolina, have not. Advocates say victims who created images for the eyes of one person should have some recourse if that person betrays their trust and shares those photos publicly.
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Governor Charlie Baker spoke about the issue during his State of the Commonwealth speech last month, encouraging lawmakers to outlaw the practice. His proposal would make it a felony punishable by up to five years in state prison or a $10,000 fine for people convicted of posting explicit photos, either intending to harass or intimidate another person or with “reckless disregard.”
Speaking to reporters at the State House Monday, Mariano said legislators would look to combine that proposal with a separate but related bill filed by State Representative Jeffrey N. Roy, a Franklin Democrat. That bill addresses “sexting” by minors — sharing sexual images or videos through texting, apps, or other ways, something Baker’s proposal deals with as well.
“We’re going to look at that and see if we can combine it with some of the things that the governor raised, and get a bill that is a little bit more comprehensive,” Mariano said, “something that I think we can be sure closes all the loopholes around this issue.”
Both Baker’s bill and Roy’s would allow prosecutors to send teenagers who exchange explicit photos or videos with one another to an educational diversion program instead of pursuing criminal child pornography charges against them.
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Jane Doe Inc., a coalition against sexual assault and domestic violence, has advocated for a civil legal remedy for victims. Under that proposal, victims would be able to seek restraining orders or other protections from harassment with more control than they might have in a criminal case.
Mariano, standing a few feet away from Baker Monday after a routine State House leadership meeting, said he did not have a precise timeline for revenge porn legislation, but said he expected movement on it in the coming months.
Matt Stout of the Globe staff contributed to this report.
Gal Tziperman Lotan is a former Globe staff member.