BOSTON – Both houses of the Massachusetts Legislature unanimously passed legislation on Thursday that criminalizes the sharing of sexually explicit images or videos of an individual without their consent, also known as “revenge porn.” The bill requires the signature of Governor Maura Healey before becoming law.
The bill, H.4744, titled “An Act to prevent abuse and exploitation,” creates a penalty for nonconsensual distribution of explicit images by adults of up to two and a half years in prison and/or a fine of up to $10,000.
The legislation creates a diversion program for teens who share explicit images.
Under current law, a minor in possession or who shares explicit images of themself or another minor face child pornography charges. If convicted, the minor must register as a sex offender.
H.4744 directs the Attorney General to create educational programs to teach minors of the significant consequences of sharing explicit images.
In cases of a minor sharing explicit images, the bill allows courts to divert minors into an educational program instead of a criminal sentence. A district attorney may petition the court to bring criminal charges in extreme cases.
The educational diversion program will provide teens with information on the consequences of sharing explicit images. The program will be available to school districts.
The educational program will include information for teens on non-consensual explicit material created using AI technology to depict another in an explicit image, known as deep fakes.
The bill moves the statutes of limitations for certain domestic violence offenses from six to 15 years. The legislation legally defines coercive control as the use of threats to control or compel a victim into compliance.
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 in the bill.
“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,” Said State Senator Michael Moore of Millbury. “With the passage of this bill, survivors will have the legal tools they need to end this abuse and ensure those responsible must face the consequences.”
In the senate, 38 senators unanimously voted to approve the bill. In the house, 152 unanimously approved it.
