Home > News > Pennsylvania Legislator Proposes 'Revenge Porn' Bill • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Pennsylvania Legislator Proposes 'Revenge Porn' Bill

Pennsylvania Legislator Proposes 'Revenge Porn' Bill
Get XBIZ News
XBIZ Research
Will virtual reality headsets like the Oculus Rift revolutionize adult entertainment?
Yes
  51.22%
No
  48.78%
Out of 82 votes. Results based on votes submitted by members of XBIZ.net social network.
XBIZ 360 - Jan. 13-16, Los Angeles
Friday, Oct 4, 2013    Text size: 

HARRISBURG, Pa. —  A Pennsylvania state senator is proposing "revenge porn" legislation in  her state.

State Sen. Judy Schwank told local media yesterday that she'd like to follow in the footsteps of California and New Jersey by strengthening online sexual harassment laws to include posting sexually explicit photos and videos shot to humiliate or exploit others

Schwank did not immediately respond to XBIZ for further comment on her proposal, but she did tell reporters yesterday that prosecutions would target individuals, rather than commercial revenge porn sites.

"Trying to approach for example websites that host this kind of information is extremely difficult. So it seems more appropriate to catch this at the level of making sure that the individual who does this kind of crime is penalized," she told reporters.

Schwank, a Democrat from Berks County, characterized the proposed legislation as "intimate partner harassment" and said she hopes to work with the local chapter of the American Civil Liberties Union to address free speech concerns.

"In a way, I think that is a second way to victimize the victims, by having it recognized that you know what they did innocently has now turned into pornography," she said. "It's humiliating enough."

California's just-signed-into-law revenge porn bill amends a section of the Penal Code and makes it a crime to "cause serious emotional distress" to others by distributing over the Internet nude or semi-nude images of them.

Images in violation, as defined by California's law, include portions of genitals and, in the case of a female, portions of breasts below the top of the areola, that is either "uncovered or visible through less than fully opaque clothing."

It prohibits only images taken by the person posting them, meaning that self-photos aren’t protected.

California's revenge porn law punishes convicted operators with six-month jail sentences and imposing fines of $1,000 — even if the pictures were originally taken with consent.  Subsequent fines amount to penalties not exceeding $2,000, along with one-year jail sentences.

Adult industry attorney Lawrence Walters of the Walters Law Group said that while he hasn't reviewed the Pennsylvania proposal, he believes that legislators nationwide should focus more on free speech rights when crafting revenge porn bills.

"Sometimes trends are generated in legislation, and mistakes can be repeated over and over, merely because the first state didn’t think through all of the ramifications to a new law," Walters told XBIZ. "I maintain that sending people to jail for publishing even very offensive images is not consistent with the First Amendment. This issue should be addressed through civil fines and penalties, to incentivize lawyers to help victims of revenge porn. 

"A scalpel, not a hammer, is required where protected speech is concerned. If Pennsylvania follows California’s lead, the bill will likely have the same deficiencies, such as no remedy for self-produced images. Hopefully the legislators will seek out some real feedback and not just copy California’s law."



More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

EDUCATIONAL FEATURES

Europe: No Adult Webcam Slow Down Here

Europe has a long history of being a major contributor to adult entertainment, and in recent years, one sector of the European adult industry that has experienced considerable growth is the live webcam... More »

The Dangers of Over-Sharing on the Retail Floor

Which of these do you like?” “Have you ever tried this one?” “What’s your favorite product?” If you’ve spent any time on the sales floor, you’ve probably... More »

Retail Tactics: The Wow Factor

Setting sales goals can greatly increase the bottom line in your business. Taking the time to explain the advantages in purchasing items that give you more bang for your buck help increase sales dramatically.... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

Dutch Webmaster Meeting

Dec 13 - Dec 13
Amsterdam, Holland

ANME Show

Jan 12 - Jan 13
Burbank, California

XBIZ 360

Jan 13 - Jan 16
Los Angeles, CA

XBIZ Awards

Jan 15 - Jan 15
Los Angeles, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!