Pennsylvania Legislator Proposes 'Revenge Porn' Bill

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."



Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Show More