A New York woman went to the police after an image of her and another person in sexual contact was posted on the Internet without her consent. This kind of online behavior, typically intended to humiliate or harass an individual, has been coined Revenge Porn. Worse for the woman: since none of her “intimate” body parts were visible in the photo, authorities couldn’t prosecute the person who posted it.
A bill is now in front of Governor Andrew Cuomo to aid New Yorkers who have had their image posted online without consent. The bill gives victims of “revenge porn” a course of action under the law. If Cuomo signs the bill, a person doing the vengeful posting can be charged with unlawful surveillance in the second degree. That’s a class E felony. It doesn’t involve jail time but in New York the crime can lead to probation for up to four years. Nine other states have taken such legal action: Arizona, Colorado, Georgia, Hawaii, Idaho, Maryland, Utah, Virginia and Wisconsin. In California, Kevin Bollaert is on trial for running a “revenge porn” website which published thousands of naked pictures of women without their consent (including their names and phone numbers) and then charged those who wanted the photographs and information removed. He faces 28 counts of identity theft, two extortion charges and a conspiracy count. He has pleaded not guilty. His defense: “The public” created the website’s content.
