Massachusetts Governor Charlie Baker announced plans for legislation to reform criminal sexting penalties for teens, and, separately, add tougher laws for the release of what is know as “revenge porn”. The bill will be entitled An Act Relative to the Harmful Distribution of Sexually Explicit Visual Material. 

In a press release, the Baker Administration emphasizes protecting the most vulnerable and giving prosecutors more appropriate tools and educational programming. As far as the criminal justice side goes:

“Should a case proceed to the juvenile justice system, this bill affords District Attorneys the discretion to decide whether a minor should be charged with a misdemeanor rather than a felony. The flexibility provided under this law will help ensure minors that do not belong in the juvenile justice system do not wind up there.”

Left unsaid is exactly why and how a minor who does not belong in the juvenile justice system might otherwise wind up there, other than being charged with a felony that everyone agrees is inappropriate.

Massachusetts still has outdated laws on sending or sharing explicit or nude images or videos via electronic message or text, i.e. sexting”, where a teen can be charged with felony distribution of child pornography. And there is currently no law against “revenge porn”, i.e. maliciously or with reckless disregard allowing consentually created pornographic videos or images to be posted publicly. [Read more…]