Revenge porn, teen sexts targeted in Baker’s bill

Vengeful ex-lovers who post socalled “revenge porn” — making sexual photos or videos of their exes public online — could face up to five years in prison under a proposal from Gov. Charlie Baker, who is aiming to close a criminal loophole.

The legislation, set to be to filed today, would follow similar laws in 35 other states and is included in a larger “explicit images” bill, which also seeks to address sexting among minors, according to Baker aides.

“I believe there’s an urgency to this, given that more than half the country has enacted similar legislation,” said Lt. Gov. Karyn Polito, who chairs the administration’s commission on sexual assault and domestic violence. “When it comes to using images to harm somebody’s reputation or to leverage them to do something that they’re not voluntarily willing to do, it’s dangerous. We in the commonwealth intend to catch up with updating our laws.”

Baker’s bill would slap those who post images online without the person’s knowledge and do so to harm or embarrass them — or simply “with reckless disregard” — with felony charges carrying up to a $10,000 fine and a potential five-year prison sentence.

The legislation also would allow judges to order defendants to take down the images and in some cases permanently delete them, according to Baker’s office.

Mary Anne Franks — vice president of the Cyber Civil Rights Initiative, which follows such laws — said much of the proposed language tracks closely to its own recommendations for states. But she’s pushed lawmakers around the country not to include language requiring prosecutors to prove intent to cause harm.

“To know that it can cause harm is enough,” she said, adding, “From our perspective, it’s not how much time you get or whether the fine is really high. The idea is that this is taken serious enough by law enforcement.”

But Mitchell J. Matorin, a Wellesley attorney who has worked on civil cases involving revenge porn, said despite the proposal, problems could remain, especially if an ex posts the photos to a third-party site and a state judge can’t order them removed. In those cases, it does little to help victims whose photos can still appear in a simple Google search.

“Unless and until federal law is changed, you’re not dealing with the ongoing trauma and impact of the photographs,” Matorin said.

Baker’s bill has other aims. Currently, minors who distribute such images, such as when “sexting,” with other minors, could face child pornography charges. But under his proposal, prosecutors would have the option to refer them instead to an “educational diversion program,” rather than subject minors to potentially heavy criminal penalties.

Polito said it’s intended to create a misdemeanor charge “for minors who mistakenly or foolishly take such actions.”