Massachusetts lawmakers pass sexting, revenge porn bill

A bill that would provide reform through intervention in regard to sexting and revenge porn is headed to the Massachusetts Senate.

House Bill 4498, sponsored by the Ways & Means Committee, passed 154-0 late Thursday. One representative did not vote. The bill would address sexting among teenagers while also addressing revenge porn, the practice of sending out illicit images and video of someone without consent.

House Speaker Ronald J. Mariano, D-Quincy, praised the bill’s passage, which calls for a criminal justice reform when handling sexually-oriented communications that would send teens through a diversion program rather than jail, except under extreme circumstances.

“Additionally, the bill criminalizes image-based sexual assault by adults and affords victims of this crime protections, including the opportunity to get a harassment prevention order against their perpetrator,” Mariano said in the release.

Rep. Michael S. Day, D-Stoneham, who serves as Judiciary chairman, said the bill would focus on revenge porn survivors by providing them with resources while at the same time closing legal loopholes to better halt and punish individuals who perform the act.

“From providing access to victim witness advocates and direct input on criminal dispositions to enabling survivors to pursue civil remedies against their perpetrators, this approach will empower survivors to reclaim their lives in addition to providing clearly enforceable punitive measures for these crimes,” Day said in the release.

Under current Massachusetts law, police are forced to charge teens with sexting, which is a felony. If the bill is enacted, then police would have the option of placing the teens into a diversion program where they would be educated about the dangers of their behavior rather than being sent to jail.

Rep. Jeffrey N. Roy, D-Franklin, said the bill would have a “tremendous impact” on people who have engaged in the practice that could potentially cause lifelong harm to victims.

In addition, according to the release, minors who have or share illicit photos of not only themselves but other minors as well, would be charged with the distribution of child pornography and would have to register as a sex offender for the rest of their lives.

The bill would establish a diversion program that would be created by the attorney general and the Department of Elementary and Secondary Education. The program would make information pertaining to legal issues and the consequences of sexting available to schools. The department would also urge schools to use media literacy programs as a preventative measure.

However, according to the release, district attorneys would be able to ask the courts for criminal charges in some cases. A new misdemeanor offense would be created under the bill for minors who have or send out illicit images.

The bill would also place a focus on explicit images being distributed without a person’s consent with the creation of a criminal harassment law that would include prison time and a monetary fine for a first offense and beyond. The victim would also be able to ask the court for a harassment prevention order against someone who has disseminated their images.