(BOSTON 6/14/2024) — Yesterday, the Massachusetts Legislature enacted An Act to prevent abuse and exploitation, bipartisan legislation that criminalizes the sharing of sexually explicit images or videos without an individual’s consent, also known as “revenge porn,” The legislation creates a diversion program for teens who share explicit images, and extends the statute of limitations to pursue criminal charges for certain domestic violence offenses from six years to 15 years. The bill, H.4744, also legally defines “coercive control,” a form of abuse that utilizes threats to control or compel a victim into compliance — language that is based on a bill originally introduced and prioritized by Senator Michael Moore.
The Conference Committee report adopted by the House and the Senate this week maintains language originally adopted via an amendment by Senator Michael Moore to include information on the risks of misusing generative AI technology to create non-consensual pornographic images, often called “deepfakes,” in the educational diversion program called for in the original bill. On the heels of high-profile cases of celebrities such as Taylor Swift falling victim to this type of non-consensual revenge porn, the amendment would educate students on the dangers these types of technologies pose and emphasize that an image is still illegal even if it is not “real.”
“Those who share private photos of another individual without their consent or use threats, monitoring, and isolation to control their victims have escaped accountability in Massachusetts for far too long. With the passage of this bill, survivors will have the legal tools they need to not only end this abuse, but also ensure those responsible face the consequences,” said Senator Michael Moore (D-Millbury). “In addition to establishing penalties for sharing revenge porn, this legislation also adopts language from one of my bills bringing Massachusetts’ laws up to date with the realities of abuse in today’s world by legally defining ‘coercive control,’ two practices that often go hand-in-hand. Private photos shared without one’s consent can lead to life-long consequences, with an individual being re-victimized over and over again each time photos are re-shared. I am hopeful that this legislation will help put a stop to these cycles of pain for victims while educating our youth about responsible practices online.”
To address the nonconsensual distribution of explicit images by adults, the bill establishes a penalty in the existing criminal harassment statute which includes up to two and a half years of prison time and/or a monetary fine of up to $10,000. The bill increases the upper limit of the fine for criminal harassment from $1,000 to $5,000. If signed into law, the bill would also empower victims to petition the court for a harassment prevention order against a person who has violated the new statute.
Under current law, minors who possess, purchase, or share explicit photos of themselves or other minors are charged with violating child pornography laws and are required to register as sex offenders. The legislation passed today directs the Attorney General to establish an educational program to teach minors about the dire consequences and life-altering impacts caused by engaging in this behavior. The bill also allows the Commonwealth’s courts to divert minors to an educational program in lieu of sentencing to criminal punishment while providing district attorneys with the authority to petition the court to bring criminal charges in extreme cases. The educational diversion program would provide teenagers with information about the legal and nonlegal consequences of sexting, which would be made available to school districts.
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 or autonomy. 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. Critically, the bill also includes important aspects from the House bill which would include protections against coercive control through repeated frivolous litigation and distribution of an individual’s sensitive data. Examples of coercive control include threating 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.
The legislation passed yesterday also extends the statute of limitations for assault and battery on a family or household member or against someone with an active protective order from six years to 15 years. This change brings the statute of limitations for these domestic violence offenses in line with the statute of limitations for the crimes of rape, assault with intent to commit rape and sex trafficking.
The same version of the bill having been passed by both chambers, the legislation now goes to the Governor’s desk for her signature.
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