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."



Related:  

Copyright © 2026 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

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult DVDs, Mags

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult DVDs, magazines and other visual material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

Show More