The Massachusetts House of Representatives today (05/26/22) passed legislation
addressing teen sexting and image-based sexual assault, commonly referred to as
“revenge porn.”
“I’m proud the House today passed a bill consistent with our intent
during criminal justice reform to provide intervention through diversion
instead of incarceration for minors,” said House Speaker Ronald J. Mariano
(D-Quincy). “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.”
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| L-R: Speaker Marino, Lt Reilly, St Rep Roy |
“This bill prioritizes survivors of revenge porn by unlocking resources
for them while, at the same time, closing a loophole in our criminal harassment
statute that will serve to deter and punish those who engage in these horrific
acts,” said State Representative and Judiciary Chair Michael S. Day
(D-Stoneham). “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.”
“Under current law, when faced with an incident of sexting among
teenagers, the police are forced with either charging them with a felony or
doing nothing,” said State Representative Jeffrey N. Roy (D-Franklin). “The bill passed today
provides law enforcement officers with a middle ground that will allow them to
educate kids about the consequences of their actions without ruining their
lives. It will have a tremendous impact on people who have become entangled in
the web and transmittal of images that can cause traumatic and lifetime harm
through a diversion program that will educate them about the legal and personal
consequences of “sexting.”
Currently, minors who possess or share explicit photos of themselves or
other minors are charged with violating Massachusetts child pornography laws
and are required to register with the Sex Offender Registry. “An Act
relative to transmitting indecent visual depictions by teens and the unlawful
distribution of explicit images” (H.4498) allows minors to be diverted
to an educational program established in the bill prior to delinquency
proceedings.
The educational diversion program, to be created by the Attorney General
and the Department of Elementary and Secondary Education (DESE), would provide
teenagers with information about the legal and nonlegal consequences of
sexting, which would be made available to school districts. DESE should also
encourage districts to implement media literacy programs in their schools as a
prevention measure.
A district attorney, however, is allowed to petition the court to bring
criminal charges in extreme cases. The bill creates a new misdemeanor offense
specifically for minors who possess or disseminate explicit images.
In addition to teen sexting, the bill addresses the nonconsensual
distribution of explicit images by adults by establishing a penalty in the
existing criminal harassment statute, including prison time and/or a monetary
fine for first and subsequent offenses. Under this bill, a victim may also
petition the court for a harassment prevention order against a person who has
violated this statute.
“An Act relative to transmitting indecent visual depictions by teens and
the unlawful distribution of explicit images” (H.4498) passed the House of
Representatives 154-0. It now goes to the Senate for their consideration.
State Representative Jeff Roy's floor remarks can be found in this PDF
