What Is Revenge Porn and Why Is It a Serious Crime?

Sexual abuse can take many forms. One that’s gaining more attention is revenge porn. This occurs when someone shares explicit images of another person without their permission, often to humiliate or control them.

In recent years, states across the country have started passing laws to criminalize this conduct. Massachusetts is one of the latest to take action.

What Does Revenge Porn Mean?

Revenge porn refers to the act of sharing sexually explicit images or videos of someone without their consent. Often, these images were originally taken in private during a relationship. The person who shares them usually does so to get revenge or cause harm after a breakup or falling out.

For example, imagine a boyfriend records a pornographic video of his girlfriend while they’re dating. She consents to being recorded, but not to the video being shared. After they break up, he becomes angry and refuses to delete the video. He threatens to post it online unless she gets back together with him. When she refuses, he uploads it. That’s a likely case of revenge porn under the law.

Does Massachusetts Have a Law Against Revenge Porn?

Yes. As of September 2024, Massachusetts has a specific law criminalizing image-based sexual abuse. It’s called An Act to Prevent Abuse and Exploitation, and it directly addresses revenge porn.

How Does the Law Make Revenge Porn a Crime?

Massachusetts now makes it illegal to share sexual or nude images of someone without their consent. It doesn’t matter if the image is real or digitally altered. If someone creates a fake sexual image of a person and distributes it, it counts.

A person can be charged if they share intimate content:

• With the intentto hurt, threaten, harass, intimidate, or embarrass them; or
• With reckless disregardfor the harm that might be caused.

Again, it doesn’t matter if the person originally agreed to the picture being taken. That does not mean permission to share it.

If convicted, the person could face:

• Up to 2.5 years in jail
• Fines up to $10,000
• Or both

What Actions Could Count as a Violation Under the Law?

The law applies to both adults and minors. Adults who share images without permission may face criminal charges and serious penalties. For minors, the court may choose education or diversion programs instead, depending on the situation.

Even sending the image to one person can violate the law. The offense does not require a wide audience, although broader distribution may lead to harsher consequences.

The law applies to situations like:

• Posting a nude or sexual image of someone on social media
• Sending an explicit photo to a friend or group chat
• Uploading a video to an adult content site without the person’s knowledge
• Forwarding intimate images that were meant to be private
• Distributing AI-generated images that falsely make someone appear nude or engaged in sexual acts
• Threatening to share private images to manipulate or control the person, even if they never send it.

Are There Exceptions to the Law?

Yes. The law doesn’t apply to:

• News stories that report on topics of public interest
• Police or law enforcement using images for investigation
• Sharing with a teacher as part of a legal process or report
• Images shared with permission in professional settings, like modeling or pornography
• Images taken in places where there’s no expectation of privacy, like crowded area.

IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A SEX CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASECONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.

CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.

Related Articles: