Criminal Penalties For Revenge Porn May Become Law

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Criminal Penalties For Revenge Porn May Become Law

INDIANA LAWYER
April 9, 2019

 

Efforts to hold revenge porn perpetrators criminally accountable advanced Monday after the Indiana House of Representatives voted 95-0 in favor of legislation that would criminalize the posting of non-consensual pornography.

Senate Bill 243 defines an intimate image as a photograph, digital image or video that depicts sexual intercourse, other sexual conduct or the exhibition of the uncovered buttocks, genitals or female breast.

Rep. Mike Speedy, R-Indianapolis, said SB 243 makes it a crime for someone to distribute such an image with intent to harm, harass, intimidate, threaten or coerce the other person. It would also make it a crime to post the image without the consent of a person depicted in that image, even if that person initially agreed to partake in the image.

Revenge porn perpetrators could be charged with a Class A misdemeanor. A second or subsequent offense would bump that up to a Level 6 felony charge.

The measure initially received skepticism from Sen. Michael Young, R- Indianapolis, who has traditionally held that such matters are civil, not criminal. But the bill has seen little opposition this session.