BOSTON — The state Senate approved a proposal Thursday to make it a crime to post sexually explicit images on the internet to harass or embarrass another person.
The legislation, approved unanimously, creates a new felony offense for people charged with distributing a sexually explicit image “for purposes of revenge or embarrassment,” and gives judges the authority to ensure explicit images are destroyed. Violators could face up to 2½ years in prison and fines of $10,000.
Massachusetts is one of only two states – the other is South Carolina – that does not have laws against so-called “revenge porn,” which involves adults posting sexually explicit images of former spouses or ex-partners on the internet to harass them. Lawmakers said the state cannot wait any longer to approve the criminal sanctions.
“It’s morally reprehensible, ethically unconscionable, and with the action we take today, it will finally also be criminal,” state Sen. Paul Feeney, D-Foxborough, said in remarks ahead of the bill’s passage. “Justice will be delivered.”
The proposal, filed by Sen. John Keenan, D-Quincy, focuses on “coercive control” against abuse victims and bans the posting of sexually explicit “deepfakes” or a computer-generated manipulation of a person’s voice or likeness using artificial intelligence programs.
It would also ease criminal sanctions for minors caught sending illicit materials to one another who under current state law are subject to felony charges of distributing or possession of child pornography.
During the debate Thursday, senators slogged through about two dozen amendments to the measure, many of which were either rejected or withdrawn before they voted on the bill’s final version.
Senate Minority Leader Bruce Tarr, a Gloucester Republican, won approval for an amendment giving state prosecutors discretion to seek tougher penalties – including the possibility of jail time – for offenders who target minors.
Domestic violence victims have packed public hearings on Beacon Hill in support of the proposed law, many recalling stories of ex-partners posting lewd pictures of them on the internet to embarrass and harass them. Several victims attended the Senate session Thursday, watching the debate from the chamber gallery.
The state House of Representatives approved a similar proposal in February, and any differences between the two bills will need to be worked out before heading to Gov. Maura Healey’s desk for consideration.
Then-Gov. Charlie Baker, a Republican, filed similar proposals during his eight years in office that also called for toughening rules aimed at keeping “dangerous” suspects locked up while awaiting trial. None were approved.
The House approved a revenge porn bill in 2022, but the Senate didn’t take it up before the end of the legislative session.
Tarr said the exploitation of victims by posting sexually explicit materials online is a problem that has been “crying out for a legislative response” for years.
“It’s unfortunate that it took us so long to get here,” he said. “This is not a situation that should be tolerated for one more minute.”
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at [email protected].
By Christian M. Wade | Statehouse Reporter
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