Massachusetts Legislature Passes Bill to Prevent Abuse and Exploitation, Enhance Protections for Survivors
Legislation addresses image-based sexual harassment, coercive control, and extends the statute of limitations for certain domestic violence offenses
(BOSTON 6/13/2024)– The Massachusetts Legislature today enacted comprehensive legislation that criminalizes the non-consensual sharing of explicit images known as “revenge porn,” creates a diversion program for teens who share explicit images, statutorily defines coercive control as an element of domestic abuse, and extends the statute of limitations to pursue criminal charges for certain domestic violence offenses from six years to 15 years.
“This legislation strikes the important balance of modernizing our criminal laws to ensure that those who share explicit images of others without their consent face punishment, with the need to educate minors on the dangers of sharing explicit images of themselves, rather than imposing upon them some of the criminal justice system’s most severe consequences,” said House Speaker Ronald J. Mariano (D-Quincy). “I’m also incredibly proud of this legislation’s bolstered protections for survivors, including the added consideration of nonphysical forms of abuse for those seeking restraining orders from their abusers. I want to thank Chairman Day and my colleagues in the House, as well as Senate President Spilka and our partners in the Senate, for working diligently to send this critical legislation to the Governor’s desk.”
“This legislation will protect our residents from abuse and exploitation online and hold people accountable for sharing private photos without permission,” said Senate President Karen E. Spilka (D-Ashland). “No person’s life should devolve into chaos because a private photo was shared without their permission, and no person should fear coercion or be threatened with the sharing of such a photo. I’m thankful to every advocate who has spoken out, to the Senators who voted unanimously for this, to Senator Keenan for his leadership, and to the Speaker and our colleagues in the House of Representatives, and I look forward to seeing this bill signed into law.”
To address the nonconsensual distribution of explicit images by adults, the bill establishes a penalty in the existing criminal harassment statute which includes up to two and a half years of prison time and/or a monetary fine of up to $10,000. The bill increases the upper limit of the fine for criminal harassment from $1,000 to $5,000. If signed into law, the bill would also empower victims to petition the court for a harassment prevention order against a person who has violated the new statute.
The legislation also responds to the growing trend of individuals utilizing artificial intelligence and other digital imaging software to produce “deep fakes” of unsuspecting victims, a practice currently not prohibited under state law. These images, which are equally traumatizing to victims, often realistically depict a person’s face edited on to an unclothed body, making it challenging or impossible for viewers to determine what is reality.
“The House has heard the urgent call of survivors to enhance protections and ensure that our laws keep up with technology. But the House does not just listen, we act,” said Representative Michael S. Day (D-Stoneham), House Chair of the Joint Committee on the Judiciary and House Chair of the conference committee. “I am grateful to our colleagues in the Senate who joined us in sending the Governor a bill that will provide essential protections to survivors of predatory acts while, at the same time, intelligently addresses risky adolescent behavior through education and not necessarily criminalization.”
“After so many years of hard work, we are finally at a stage where we can bring closure to those who continue to suffer the consequences, and live under the threat of, revenge pornography and abusive control,” said Senator John F. Keenan (D-Quincy), lead Senate sponsor of the legislation and Senate Chair of the conference committee. “We are sending a message that this kind of activity will not be tolerated in our Commonwealth. Thank you so much to the advocates and to the survivors whose stories and experiences have propelled this legislation through the process, and thanks as well to my colleagues in the Senate and House who have been so collaborative. Once this bill is signed into law, we will be able to rectify and prevent so many injustices across Massachusetts.”
Under current law, minors who possess, purchase, or share explicit photos of themselves or other minors are charged with violating child pornography laws and are required to register as sex offenders. The legislation passed today directs the Attorney General to establish an educational program to teach minors about the dire consequences and life-altering impacts caused by engaging in this behavior. The bill also allows the Commonwealth’s courts to divert minors to an educational program in lieu of sentencing to criminal punishment while providing district attorneys with the authority to petition the court to bring criminal charges in extreme cases. The educational diversion program would provide teenagers with information about the legal and nonlegal consequences of sexting, which would be made available to school districts.
“I am proud to vote on the conference committee report on An Act to Prevent Abuse and Exploitation, which prohibits the sharing of sexually explicit images without a person’s consent and includes coercive control as a form of domestic violence,” said Representative Christine P. Barber (D-Somerville). “By expanding these needed protections, Massachusetts is increasing justice for survivors and reducing violence in our communities.”
“As the Senate Chair of the Joint Committee on Judiciary, I am proud that the Act to Prevent Abuse and Exploitation conference committee report has passed the Senate,” said Senator Jamie Eldridge (D-Marlborough). “This comprehensive bill to reduce the mistreatment and abuse of people, often within relationships and using 21st century modern technology, will reduce trauma and social isolation, while enhancing protections for young people in a justice system where criminal penalties can often have unintentional impacts.”
The bill passed today adds coercive control to the definition of abuse. Coercive control is a nonphysical form of abuse that includes a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member in a manner that causes the targeted individual to fear physical harm or to have a reduced sense of physical safety or autonomy. Examples of coercive control include threating to share explicit images, regulating or monitoring a family or household member’s communications and access to services, and isolating a family or household member from friends or relatives.
The legislation passed today also extends the statute of limitations for assault and battery on a family or household member or against someone with an active protective order from six years to 15 years. This change brings the statute of limitations for these domestic violence offenses in line with the statute of limitations for the crimes of rape, assault with intent to commit rape and sex trafficking.
The same version of the bill having been passed by both chambers, the legislation now goes to the Governor’s desk for her signature.
###