Senate bill would criminalize dissemination of explicit photos without a subject’s permission

BOSTON (3/21/2024)—Today, the Massachusetts Senate unanimously passed An Act to prevent abuse and exploitation, bipartisan legislation that would criminalize the sharing of sexually explicit images or videos without an individual’s consent and implement a comprehensive educational diversion program designed for adolescents on the consequences of posting indecent visual depictions online.

The bill, S.2073, increases the allowable fine for unlawful distribution of indecent images, and rein in coercive control of abusers.

“Today, the Senate took action to protect individuals from online exploitation—an important step towards protecting our residents on digital platforms that continue to evolve every day,” said Senate President Karen E. Spilka (D-Ashland). “No person’s life should be thrust 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. I’m thankful to Senator Keenan for his leadership on this bill, Chair Rodrigues and Chair Eldridge for their support, and to each of the many members who have advocated so passionately for this important legislation.”

“With the advances in smartphone technology, we need to remain vigilant and protect innocent victims from exploitation by bad actors who engage in cyber bullying and illegal dissemination of inappropriate and illegal images. I’m pleased the Senate has taken the lead on eradicating this behavior by not only increasing the penalties, but also adding an important and effective educational component to reinforce the severity of these actions at an early age, as school children invariably possess cell phones at a very early age,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means.   

“I am proud that the Senate has passed comprehensive legislation to prevent abuse and exploitation, reported favorably out of the Joint Committee on Judiciary,” said Senator 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.”

“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. I am deeply grateful to the those who shared their stories and advocated for change to ensure others would not have to suffer as they have,” said Senator John F. Keenan (D-Quincy) the primary sponsor of the bill. “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.”

The bill requires the Office of the Child Advocate (OCA) to develop and implement a comprehensive educational diversion program designed for adolescents on the consequences of sexting and posting indecent visuals online. It also requires the Department of Elementary and Secondary Education (DESE) to encourage school districts to implement instruction on age-appropriate media literacy skills and to use this content from the Office of the Child Advocate’s comprehensive educational diversion program.

The bill defines coercive control as a single act or pattern of behavior intended to threaten, intimidate, control, or compel compliance of a family or household member that causes a fear of physical harm or a reduced sense of physical safety. It allows an individual to seek an abuse prevention order if the individual is the victim of coercive control by a family or household member or a person with whom they were in a substantive dating relationship. An amendment was adopted to allow a victim of coercive control to seek a harassment prevention order. Defining coercive control would raise awareness among the public and professionals, facilitating early intervention and prevention efforts to support victims and hold perpetrators accountable.

The legislation also requires the diversion of a child alleged to be a juvenile delinquent for violating laws prohibiting the possession or dissemination of certain explicit visual material unless the court finds that failure to proceed with the arraignment would result in the substantial likelihood of serious harm to a member of the community.

The allowable fine for criminal harassment would increase from $1,000 to $5,000, and a new criminal offense would be established for the unlawful distribution of certain visual material depicting another person who is nude, partially nude or engaged in sexual conduct without their consent. The bill also establishes a new juvenile offense for the unlawful possession or dissemination of certain explicit visual material. An amendment was adopted that would create a commission to examine and investigate the potential impacts and legal implications of advances in technology and the internet on the protection of individuals from harm, abuse and exploitation.

The legislation has garnered support from supporters around the state.

“The passing of this legislationby the Senate today is an important milestone for all victims of online image-based sexual exploitation in Massachusetts. This bill cannot come soon enough,” said Deb Mann Schmill, Founder and President of the Becca Schmill Foundation. “While younger and younger children have been accessing the internet, and sexting has become normalized, online sexual exploitation has skyrocketed. The bill passed today, along with a commitment by our schools to provide digital and media literacy, will go a long way toward protecting children, and adults, from the devastating experience of online image-based sexual exploitation.”

“After many years of survivor testimonies, the Senate’s historic vote today led by Quincy’s Senator John Keenan, sends a clear message that survivors and victims of revenge porn deserve justice under the law to hold their abusers accountable. As a survivor of revenge porn, today I can breathe a little better knowing that Massachusetts is one major step closer to protecting victims of this heinous crime. To all my fellow survivors, your life matters. People love you. Your abuser will not determine your future. You control your own destiny. Every day is a chance for something great,” said Alex Hagerty, former Abington Selectman. “I am grateful I was able to be in the Senate chamber today with my dad, my hero, who saved my life when I fell victim, and witness the Senate vote to criminalize revenge porn in Massachusetts. Thank you to Senator Keenan for lifting up your voice to help raise the voices of victims of revenge porn. Massachusetts is one giant step closer to signing revenge porn laws into law.”

This is the second time the Senate has passed a version of this legislation. A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills before sending it to the Governor for her consideration.