(BOSTON – 10/16/2023) Last week the Joint Committee on the Judiciary favorably reported out a redrafted Revenge Porn and Teen Sexting Bill after a committee poll vote. Legislation from Senator Velis (D-Westfield), who is a member of the Judiciary Committee, was included in the final redrafted bill.
“I filed this legislation after hearing from victims throughout the Commonwealth who have had their lives torn apart and who do not have an avenue to pursue justice,” said Senator Velis. “It is unacceptable that Massachusetts is one of the last two states to criminalize revenge porn, and I am grateful that the Judiciary Committee has included my bill to rectify this issue as part of this comprehensive redrafted legislation. Simply put, this legislation would update our laws to respond to the repercussions of the digital age- protecting victims from their abusers while meeting teens with avenues of education and diversion.”
The legislation, if passed, would make it a criminal offense to knowingly distribute sexually explicit visual materials of another person without their consent. Often, explicit images are used by abusers to intimidate and injure the depicted person emotionally or financially. Those who are found guilty could face up to 2 ½ years in a House of Corrections for their first offense and a fine up to $10,000.
This bill would also update the definition of “abuse” to include “coercive control” so that nonphysical forms of abuse, such as emotional, financial, and technological, by a family or household member would be eligible for abuse prevention orders.
Additionally, this legislation would address teen sexting by creating an educational diversion program specifically for minors who share sexually explicit images of themselves or their peers to provide information about the legal and non-legal consequences of sexting. Currently, minors that share these images are automatically subject to child pornography charges and may be required to register as a sex offender if found guilty.
Other provisions of the legislation include:
- The impoundment of visual materials in court proceedings.
- Extends the statute of limitations from 6 years to 15 years for assault and battery on a family or household member or against someone with an active protective order against the perpetrator.
- Instructs the Attorney General’s office, in consultation with the Department of Elementary and Secondary Education, Division of Youth Services, and the Massachusetts District Attorney’s Association, to create curriculum for a division program on the harms of sexting that will also be made available for school districts.
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