Revenge Pornº: an Evaluation of the Elements That Make an Effective Nonconsensual Pornography Statute
DECONSTRUCTING THE STATUTORY LANDSCAPE OF ªREVENGE PORNº: AN EVALUATION OF THE ELEMENTS THAT MAKE AN EFFECTIVE NONCONSENSUAL PORNOGRAPHY STATUTE Jonathan S. Sales and Jessica A. Magaldi* INTRODUCTION Changes in social mores and technology have yielded the phenomenon of sext- ing, which includes the capturing and forwarding of intimate images through the Internet.1 Research reveals that nearly ®fty percent of adults in the United States have sent or received intimate digital content. 2 At the same time, the con¯uence of these changes has spawned new violations of privacy and predatory actions when these images are made available on the Internet without the subject's consent.3 The re-distribution or dissemination of these intimate images without the consent of the subject and without a legitimate purpose (such as a law enforcement investigation) is referred to as nonconsensual pornography (ªNCPº). 4 NCP has caused victims to suffer substantial harm.5 In some cases, NCP inci- dents have precipitated a victim's suicide.6 Prior generations might have concluded that a person who allowed such images to be captured and placed in the possession of another person assumed the risk of re-distribution; in essence, a negligence, recklessness, or constructive consent argument. In contrast, in the twenty-®rst cen- tury, capturing or sharing of intimate images is often regarded as an acceptable * Jonathan S. Sales, J.D., Northeastern University School of Law, Lecturer, Bentley University; Jessica A. Magaldi, J.D., New York University School of Law, Associate Professor, Pace University. The authors gratefully acknowledge the research support of Clifton M. Chow, Ph.D., Research Consultant at Bentley University; Peng Zhang and Piotr Kolodzie, Graduate Assistants at Bentley University; and Primrose Zvinavashe, LL.B, LL.M, Graduate Assistant at Pace University.
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