HARRISBURG, Dec. 11, 2013 – Legislation introduced today by state Sen. Judy Schwank would make online posting of naked or sexually explicit images of former intimate partners a crime in Pennsylvania.
The bill would make the offense a third-degree felony if the victim is a minor, carrying a penalty of up to seven years in prison. Otherwise, the crime would be a second-degree misdemeanor and carry a penalty of up to two years in prison. Fines could also be imposed.
“This is a growing problem around the country that has caused serious problems for its victims, ” Schwank said. “We need to stop it, and to do that, we need to make sure Pennsylvania officials have the tools to prosecute it.”
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So far, California and New Jersey are the only other states to have adopted laws making it a crime, although they take significantly different approaches. A number of other states, including New York and Delaware, also are in the process of considering laws.
With Schwank’s proposal, a person commits the crime of intimate partner harassment by exposing a photograph, film, videotape or similar recording of an intimate partner to a third party for no legitimate purpose and with the intent to harass, annoy or alarm the person depicted. The picture or video must be of a person who is nude or explicitly engaged in a sexual act.
It would not be a criminal offense if the person depicted in a photo or video consents to the release of the material.
“This is a new form of abuse,” Schwank said. “It can hurt the victims and their families, and it can even affect their employers.”
Schwank’s proposal has the support of the Pennsylvania District Attorney Association, the Pennsylvania Coalition Against Domestic Violence and the Pennsylvania Coalition Against Rape, which participated in its development. The Pennsylvania chapter of the ACLU also worked with Schwank and is neutral on the bill, agreeing that it does not present First Amendment issues that have troubled other states’ proposals.
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