The House Committee on Judiciary is scheduled to hear testimony this evening (Tuesday, March 10, 2015) on legislation (H5770/S0630) filed by Attorney General Peter F. Kilmartin that would prohibit the posting of "revenge porn" without consent of the individual depicted in the images.
The legislation is sponsored by Representative Donald Lally, Jr. (D, District 33 – Narragansett, South Kingstown) and Senator Erin Lynch (D, District 31, Cranston, Warwick).
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. The images or videos are often accompanied by personal information, including the pictured individual's full name and links to social media profiles.
Attorney General Kilmartin has filed similar legislation for the past four years as one part of his Internet Safety legislation package. Currently, 16 states have passed some type of "revenge porn" legislation with at least 20 other states with proposals up for consideration.
"While the term 'revenge porn' is a catchy phrase, it's important to remember that behind the buzz there are real victims who are suffering the consequences of someone they thought they could trust exploiting that trust for revenge," 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."
Representative Donald J. Lally, Jr. added, "Individuals posting explicit photos with the intent of embarrassing a former romantic partner must be punished, and this new law would give law enforcement and prosecutors the tools necessary to take decisive action. Once such a law is on the books, it will hopefully make those seeking revenge think twice before invading someone's privacy in such a degrading manner."
Sen. Erin P. Lynch said, "Posting explicit photos of a former partner without their consent is extremely hurtful and embarrassing. Penalties need to be strong to ensure that people think twice before attempting to degrade an individual in this way. I am grateful to Attorney General Kilmartin for developing this legislation to address a new kind of virtual assault, which disproportionately targets women. I am proud to submit this legislation on his behalf."
This legislation would prohibit 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 where the person had a reasonable expectation of privacy. Constitutionally protected activity is not subject to the provisions of this section. Those in violation would be guilty of a felony with a maximum penalty of three years in prison or a fine of not more than $3,000 or both. Although there have been reports of this disturbing conduct occurring, this activity is not currently addressed by Rhode Island law.