Sexual abuse is a serious crime that comes from a wide variety of conduct. One way a person can be sexually abused is through revenge porn. Across the country, states have been passing laws to criminalize revenge porn. Massachusetts is one of the latest.
What is revenge porn?
When a person posts sexually explicit images of a person online without their consent they have committed the crime of disseminating revenge pornography. Revenge porn, as the name suggests, is typically done as a form of revenge or harassment.
For example, a boyfriend films a pornographic video of his girlfriend while they are dating. The girlfriend consents to the videotaping, but the boyfriend takes possession of the recording. The girlfriend then breaks up with the boyfriend. The breakup was unexpected and the boyfriend is bitter. The girlfriend asks him to destroy the video and he refuses. Instead, he threatens to post the video on the internet unless she gets back together with him. The girlfriend tells him that she does not consent to this and refuses to get back together with him. The boyfriend then posts the video. The boyfriend has likely committed the crime of revenge porn.
Does Massachusetts have a law against revenge porn?
Yes, Massachusetts recently enacted a law to prevent image-based sexual assault or revenge pornography. The law has been in effect since September 2024. It is called An Act to Prevent Abuse and Exploitation.
The new law makes several amendments, or changes, to existing laws. The laws that are amended are:
- Chapter 209A: The Abuse Prevention Statute
- Chapter 265, Section 43A: The Criminal Harassment Statute
- Chapter 119: Protection and Care of Children
- Chapter 272: Crimes Against Chastity, Morality, Decency, and Good Order
- The Statute of Limitations
Abuse Prevention Statute
The Abuse Prevention Law gives people suffering from abuse from a family or household member the opportunity to obtain a restraining order. The changes under the new law alter the definition of what counts as abuse. Abuse is now:
- Attempting to cause or causing physical harm
- Placing another in fear of imminent serious physical harm
- Causing another to engage involuntarily in sexual relations by force, threat or duress
- Coercive control
The highlight is that the new definition of abuse now includes coercive control.
The new law gives a definition for this word as well: “a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or compel compliance of a family or household member that causes that family or household member to reasonably fear physical harm or have a reduced sense of physical safety or autonomy”.
The Criminal Harassment Statute
General Laws Chapter 265, Section 43A makes it a crime to harass another person. Under the new law, the possible fines for a first offense are increased:
- First offense: maximum of $1,000 to $5,000
- Second offense: maximum of up to $15,000
Protection and Care of Children
The new law also creates new diversion opportunities for juveniles. It requires juvenile court judges order diversion for juveniles changed with certain crimes. These include:
- Disseminating visual material of a child in a state of nudity or sexual conduct
- Knowing purchase or possession of visual material of a child depicted in sexual conduct
- Minors who possess, purchase, or disseminate visual material
Morality Crimes
The new law criminalizes revenge porn use by a minor. The elements, or essential requirements of this crime are:
- The person was a minor
- The person possessed, purchased, or disseminated (including uploaded to a website) “visual material”
- In violation of the laws (1) criminalizing disseminating visual material of a child in a state of nudity or sexual conduct OR (2) knowingly purchasing or possessing visual material of a child depicted in sexual conduct
Visual material is defined by law as: “any motion picture film, picture, photograph, videotape, book, magazine, pamphlet that contains pictures, photographs or similar visual representations or reproductions, or depiction by computer, telephone or any other device capable of electronic data storage or transmission.”
Importantly, there is an exception for reporting visual material to the authorities.
Statute of Limitations
A statute of limitations is the maximum amount of time before the parties involved in a legal dispute must bring their claims after an offense has occurred. In criminal law, this is the time limit for the government to prosecute a criminal case against a person.
The new law expands the statute of limitations for these two crimes to ten years:
- Assault and battery on a family or household member
- Assault and battery on a person under a protective order that is in effect
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, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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