Legislation addresses teen sexting and image-based assault, coercive control, and extends the statute of limitations for certain domestic violence offenses
Today, the Massachusetts House of Representatives passed legislation that combines several separate legislative initiatives into one bill that will help to prevent abuse and exploitation, while also enhancing protections for survivors. The legislation addresses teen sexting and image-based sexual assault, commonly referred to as “revenge porn;” expands the definition of abuse to include coercive control for the purposes of obtaining a restraining order; and extends the statute of limitations for certain domestic violence offenses from six years to 15 years.
“I am very grateful for the leadership of Speaker Mariano and the hard work of my House colleagues as we were able to pass a comprehensive piece of legislation that modernizes the law to protect victims and to prosecute those who commit image-based criminal harassment,” said Representative Dan Cahill (D-Lynn).”
Currently, minors who possess, purchase, or share explicit photos of themselves or other minors are charged with violating Massachusetts child pornography laws and are required to register as sex offenders. The legislation passed today instead authorizes commitment to the Department of Youth Services (DYS), but also allows minors to be diverted to an educational program in lieu of criminal punishment. A district attorney, however, is allowed to petition the court to bring criminal charges in extreme cases.
The educational diversion program, to be created by the Attorney General in consultation with the Department of Elementary and Secondary Education (DESE), DYS, and the District Attorneys Association, would provide teenagers with information about the legal and nonlegal consequences of sexting, which would be made available to school districts. DESE should also encourage districts to implement media literacy programs in their schools as a prevention measure.
In addition to teen sexting, the bill addresses the nonconsensual distribution of explicit images by adults by establishing a penalty in the existing criminal harassment statute, including 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. Under this bill, a victim may also petition the court for a harassment prevention order against a person who has violated this statute.
“Technology used inappropriately can become a cruel weapon of power and control. Today, the House gave victims of revenge porn a way to fight back. And we created an educational path forward for teens who share explicit images of themselves and others.”
Representative Jenny Armini (D-Marblehead)
The bill passed today also adds coercive control to the definition of abuse. Coercive control is a nonphysical form of abuse which includes a pattern of behavior, or a single act intended to threaten, intimated, harass, isolate, control, coerce or compel compliance of a family or household member that causes the family or household member 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 voices of victims have been heard,” said Armini. “I am grateful to Speaker Mariano, Chairman Michlewitz, and Chairman Day for recognizing that the system fails many because it focuses on physical abuse, rather than on intimidation, isolation, harassment, threats, and other destructive behaviors.”
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 Massachusetts statute of limitations for these domestic violence offenses in line with the statute of limitations for rape, assault with intent to commit rape and sex trafficking.
“I am grateful for House Leadership and my fellow members for unanimously passing this important piece of legislation that bans image-based harassment,” said Representative Peter Capano (D-Lynn).
“An Act to prevent abuse and exploitation” (H.4241) passed the House of Representatives 151-0. It now goes to the Senate for their consideration.
The above press release was submitted to us by the offices of State Representatives Dan Cahill, Jenny Armini, & Peter Capano.
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