Boston Criminal Defense Lawyer Blog
The evolving methods of digital communication that Massachusetts residents are using in all aspects of their lives present challenges to lawmakers who want to ensure that state laws criminalize digital harassment and intimidation, as well as the distribution of pornographic materials. Dating in the digital age often includes electronic communications, “sexting,” and the exchange of intimate photos and videos among dating partners and others. While creating and sharing intimate photos and videos is a legally protected and acceptable practice among consenting adults, the rise of “revenge porn” presents a challenge to lawmakers.
Revenge porn includes the distribution by one party of intimate pictures, videos, and other communications which include the other party without their consent. Commonly, revenge porn distribution becomes an issue after a couple has broken up, when a party possessing intimate or embarrassing files involving the other party releases (or threatens to release) the material in an effort to hurt their former partner, or even to coerce them into taking some action.
Forty-eight states in the U.S. have laws on the books specifically criminalizing revenge porn. Massachusetts and South Carolina do not have such laws. Former Governor Charlie Baker made it a priority for the Massachusetts legislature to outlaw revenge porn in the previous legislative session, and the Massachusetts House of Representatives unanimously passed such a bill in May of last year. The State Senate, however, was unable to pass a bill to get to the governor’s desk before the session closed last month.
According to a recently published local news report discussing the legislature’s attempts to codify anti-revenge porn legislation, the proposals would have increased the scope of criminal harassment laws to explicitly include revenge porn distribution under the umbrella of criminal harassment. Importantly, the proposed bills would have determined that a person’s participation in the creation of media did not constitute consent for the later distribution of such material. The proposed bills also increased the potential punishments for violating these harassment laws by sharing revenge porn. Although the State Senate was unable to pass the bills last session, it appears likely that state lawmakers will be able to pass a bill in the 2023-2024 session and have it on incoming Governor Maura Healey’s desk early this year. The new governor has made no indication that she would oppose such a bill, and if passed by the legislature, such a bill will likely become law shortly thereafter.
Although no legislation has been passed specifically outlawing the transmission of intimate visual media at this time, current harassment laws may be used by law enforcement and prosecutors to pursue criminal charges against someone who shares intimate media involving another person, even if the person sharing the media is included in the files. If and when further legislation passes, residents must be cautious with any potentially intimate photos or videos they may have with a partner. Anyone who has been accused of sharing or possessing revenge porn media may be facing serious consequences, even if they did not know they were doing anything wrong. With the quickly evolving laws on this subject, law enforcement and prosecutors are likely to misinterpret and misapply existing laws on the subject, and anyone accused of crimes of this nature should consult with a qualified Massachusetts criminal defense attorney to discuss their case.
Have You Been Charged With Harassment in Massachusetts?
If you have been accused of criminal harassment in Massachusetts, the consequences of a conviction can be quite serious. Harassment can be a particularly difficult crime to pursue charges for, as the U.S. and Massachusetts Constitutions have protections for free speech that sometimes conflict with the criminal statutes surrounding harassment. If you have been arrested or accused of harassment, the Massachusetts criminal defense attorneys at the Law Office of Patrick J. Murphy can help you fight the accusations to clear your name. Our lawyers understand the evolving law on those issues, and we can prevent overzealous prosecutors and uniformed judges from allowing you to be convicted for behaviors that are not criminal. Our firm represents clients facing all Massachusetts misdemeanors and felonies, including harassment and sex crimes. Contact our office at 617-367-0450 to schedule a free and confidential consultation with one of our lawyers.