The Rhode Island State Senate unanimously passed legislation filed at the request of Attorney General Peter F. Kilmartin that would prohibit the posting of "revenge porn" without the consent of the individual in the images. The legislation also creates criminal penalties for those who engage in "sextortion." The legislation is sponsored by Senator Erin Lynch Prata (D-District 31, Warwick, Cranston).
Revenge porn is sexually explicit media that is publicly shared online without the consent of the pictured individual. Revenge porn is uploaded by former lovers or hackers for the purpose of humiliation and exploitation. The images or videos are often accompanied by personal information, including the pictured individual's full name and links to their social media profiles. Thirty-four states and the District of Columbia have already enacted legislation addressing this issue. In addition, many other State Legislatures are considering similar legislation, including Massachusetts and New York.
"Unfortunately, this activity is occurring with alarming frequency and there is no relief for a victim whose privacy has been devastatingly invaded," said Attorney General Kilmartin. "Posting of intimate images and videos for the sole purpose to embarrass someone is a vile act and should have significant legal consequences for those who engage in this type of egregious behavior."
"It is vitally important that we address this new kind of virtual assault, which disproportionately targets women, and I'm grateful to the Attorney General for helping develop and promote the bill. Once it is law, it is my hope that it will make those posting these kinds of images think twice before invading someone's privacy in such a degrading manner," said Sen. Lynch Prata.
This legislation prohibits a person from electronically disseminating visual images of another engaged in sexually explicit conduct or the intimate parts of another without that person's consent and/or where the person had a reasonable expectation of privacy. A first offense is a misdemeanor and, upon conviction, subject to imprisonment of up to one year, a fine of $1,000, or both. Second and subsequent offenses are a felony and, upon conviction, subject to not more than three years imprisonment, a fine of not more than $3,000, or both.
The legislation also creates criminal penalties for those who engage in "sextortion," a new cybercrime that occurs when offenders use personal images – often stolen or obtained by hacking – to force victims to engage in sending more sexually explicit photos or videos under threat the images will be made public. In addition, victims are often extorted into paying money or providing personal identifying information for the images to not be posted or revealed to others.
The Brookings Institute recently released a study on sextortion that found that 71 percent of cases involve victims under the age of 18, and that while nearly all adult victims are female, both minor girls and boys are targeted.
Under the legislation, those who threaten to disclose a visual image or make a threat to obtain a benefit in return for not disclosing a visual image would be, upon conviction, guilty of a felony and subject to a five-year sentence. Those convicted of demanding a payment for removing a visual image would be guilty of a felony and subject to up five years in prison, a fine of up to $5,000 or both.
"As reprehensible as it is to post private, very personal photos of someone out of revenge, extorting people – primarily young adults – into sending more inappropriate photos or demanding money to keep the photos out of the public realm takes depravity to a new low. Victims of sextortion need to know that they can turn to law enforcement to stop the perpetrators, and as prosecutors, we need the tools to hold these sexual predators accountable," added Kilmartin.
The legislation does not apply to the unauthorized dissemination of indecent material when it serves a lawful purpose; it is made in the course of a lawful public proceeding; it involves voluntary nudity or sexual conduct in public or commercial settings or in a place where a person does not have reasonable expectation of privacy; it is made in the public interest; or it is a matter of public concern.
The bill enjoys the support of the Rhode Island Coalition Against Domestic Violence and Day One. Companion legislation is sponsored in the House by Representative Robert E. Craven, Sr. (D., District 32 – North Kingstown).