Massachusetts House Passes Bill on Revenge Porn

On January 10, 2024, House lawmakers in Massachusetts passed a bill that, if passed into law by state Senate, would prohibit revenge porn. The proposal would update state law to crack down on the spreading of sexually explicit content of another person without that person’s consent – particularly through the use of technology.

If you or a loved one gets arrested on suspicion of a revenge porn offense, contact the criminal defense lawyers at Spring & Spring right away for a free consultation.  With evolving law surrounding the issue, it is important that you have an experienced attorney who understands the situation on your side.

What Is Revenge Porn?

Revenge porn refers to distributing revealing, nude or sexually explicit images or videos of a person on the internet without that person’s consent. This offense typically involves a former sexual partner who distributes the images with the intent to harm, distress, or embarrass the subject.

Revenge porn has become a more prominent issue in recent years due to the internet providing a place to share revealing or intimate images of other people in a way that is meant to hurt the subjects.

What Does the Revenge Porn Bill Entail?

The Massachusetts House of Representatives passed legislation prohibiting revenge porn in a unanimous 151-0 vote. The package of legislation approved by the Judiciary Committee included H.4241, H.1745, S.1012, H.1567 and H.4370. These Acts include language that would prohibit the following:

• The unlawful distribution of explicit, nude or sexual images of someone else without that person’s permission, even if the individual consented to the images originally being captured.
• Sexual abuse and exploitation, updating the language of existing Massachusetts General Law to include mental abuse and coercive control in the definition of abuse.
• The transmission of indecent visual depictions by teens, supported by a new diversion program to educate minors who are caught with nude images of others rather than charging them with possession of child pornography or other sex crimes.

The package of legislation has been advanced to the state Senate for consideration. If passed, these bills would add language to the state’s existing criminal harassment laws to focus on technological contributions – namely, the non-consensual sharing of explicit images of others. Massachusetts is currently one of the last two states in the country without laws against revenge porn.

Potential Defenses to Revenge Porn Charges

While revenge porn is not yet a crime in Massachusetts, it is against the law in most other states. It is important to know what to do should you ever face these charges. Protect yourself by using your right to remain silent. Do not answer police questions during your arrest or any subsequent interviews or interrogations. State that you wish to have an attorney present.

An experienced internet sex crimes defense lawyer in Massachusetts will be able to build a defense strategy suited for your unique case and circumstances. Potential defenses to revenge porn charges include no intent to distribute the images (accidental distribution), no intent to cause the subject harm or emotional distress, unidentifiable subject, and consent or permission from the subject.

Contact a Criminal Defense Lawyer for More Information

As the revenge porn bill heads to the state Senate for a vote, the law in Massachusetts could soon be changing. The lawyers at Spring & Spring are keeping up with all the latest changes to state law and what they mean for our clients.

If you are charged with a sex crime involving “revenge porn,” the distribution of sexually explicit images or criminal harassment, contact a defense attorney at Spring & Spring for legal assistance. Our lawyers can tailor a defense strategy to your unique circumstances.

At Spring & Spring, our lawyers have defended clients against criminal accusations for more than 20 years. Attorney Spring is a former prosecutor who knows how the other side of a criminal case operates. Call (617) 513-9444 for a free and confidential case review.