MA House Passes Bill Addressing Sexting and Image Based Sexual-Assault

Natick MA

27 May, 2022

3:14 PM

Description

BOSTON – Representative David P. Linsky (D-Natick) joined his colleagues in the Massachusetts House of Representatives in passing H.4498 "An Act relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images" by a vote of 154-0. The legislation addressing teen sexting and image-based sexual assault, commonly referred to as "revenge porn." "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," said Representative Linsky "I want to thank Speaker Mariano, Chair Michlewitz, along with the rest of my colleagues for their hard work empower survivors to reclaim their lives in addition to providing clearly enforceable punitive measures for these crimes." Overview 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" 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. H.4498 passed the House of Representatives 154-0 and now goes to the Senate for their consideration. ###