Senate Adopts Sen. Lynch Prata’s Revenge Porn & Sextortion Bill

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Senate Adopts Sen. Lynch Prata’s Revenge Porn & Sextortion Bill

Erin Lynch Prata
Senator Erin Lynch Prata’s revenge porn and sextortion legislation was passed by the RI State Senate on Tuesday.

The bill is a compromise between the General Assembly, Attorney General Peter Kilmartin, and Governor Gina Raimondo after similar legislation was passed in 2016, but was vetoed by Raimondo for First Amendment concerns.

“It is vitally important that we address this new kind of virtual assault, which disproportionately targets women. Once it is law, it is my hope that it will make those posting these kinds of images think twice before invading someone’s privacy in such a degrading and damaging manner. I am thankful that a compromise was reached between all parties so that we can begin the process of granting justice to the victims of these heinous crimes,” said Lynch Prata.

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The Legislation

The bill applies to those who knew that the image was created under circumstances where a reasonable person would know or understand that the image is to remain private and explicitly exempts material that “relates to a matter of public concern and dissemination serves a lawful purpose”. 

The legislation includes language that requires intent to harm the victim must be established during prosecution.

The legislation also explicitly exempts when dissemination of such serves a lawful purpose; when the dissemination is made in the course of a lawful public proceeding; when the dissemination involves voluntary nudity or sexual conduct in public or commercial settings or in a place where a person does not have a reasonable expectation of privacy; and when the dissemination is made in the public interest, including the reporting of unlawful conduct, or lawful and common practice of law enforcement, criminal reporting, corrections, legal proceedings, medical activities, scientific activities, or educational activities.

The legislation also creates criminal penalties for those who engage in “sextortion,” a relatively new and very disturbing cybercrime that occurs when offenders use personal images – often stolen or obtained by hacking – to force victims to engage in sending more sexually explicit photos or videos under threat the images will be made public. 

In addition, victims are often extorted into paying money or providing personal identifying information for the images not to be posted or revealed to others.


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