LegisBrief A QUICK LOOK INTO IMPORTANT ISSUES OF THE DAY

AUG. 2019 | VOL. 27, NO. 29

Fighting Revenge Porn Did You Know? • The FBI has guidance for victims and ‘Sextortion’ of revenge porn or sextortion. BY PAM GREENBERG There are few studies about the prevalence of these incidents, but research is beginning to shed • 1 in 3 victims of sextortion in a 2017 Nonconsensual distribution of intimate images light. For example, in a recent study of 3,044 adults online survey said and sexual extortion, or “sextortion,” are becoming (54% women), 1 in 20 reported having experi- common experiences for too many people. they had never told enced nonconsensual pornography. anyone, largely The dissemination of sexually explicit images of Research by the Brookings Institution reviewed because of shame or others without their permission, sometimes called embarrassment. “revenge porn” or “nonconsensual pornography,” court dockets and news stories and found sextor- often involves situations where the individual con- tion to be “surprisingly common” and “brutal.” A • Since 80% of sented to the photos or videos but expected they U.S. Department of Justice report called sextortion revenge porn would be kept private. In other cases, images may images are “selfies,” have been taken surreptitiously, and then shared. children.” In an online survey of 1,631 victims of copyright law provides a way to sextortion—ages“by far the most significantly 18 to 25—the growing University threat of to New Sextortion takes place when individuals threaten force the takedown Hampshire’s Crimes against Children Research to disclose explicit images unless the victim of intimate images. agrees to do something in exchange, such as Center found that perpetrators carried out threats engage in sexual activity or send more sexually or otherwise harmed survey respondents in about explicit pictures, for example. 45% of cases. State RP SXTN Rhode Island X x South Carolina Revenge Porn and Sextortion Laws South Dakota X ME

Tennessee X AK VT NH Texas X x WA MT ND MN WI MI NY MA RI Utah X x Vermont X x ID WY SD IA IL IN OH PA NJ CT Virginia X x Washington X OR NV CO NE MO KY WV VA DC DE West Virginia X x HI CA UT NM KS AR TN NC SC MD Wisconsin X Wyoming AZ OK LA MS AL GA Bans both revenge District of Colum- x x porn and sextortion TX FL bia Bans revenge porn No law

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Source: NCSL, 2019

State Action sure of Intimate Images Act. It aims to provide a - Most state legislatures began enacting legislation nition of this harmful conduct and remedies for the prohibiting the nonconsensual dissemination of in- harm“uniform, it causes.” clear, fair Colorado and constitutionally and Nebraska soundadopted defi Additional timate images in 2013. Forty-six states , Washing- the act in legislation this year. ton, D.C., and Puerto Rico now have laws. The laws Resources vary considerably from state to state (e.g., some More recently, state legislatures have focused on • “A Call to Action: provide for misdemeanor offenses, some felonies; sexual extortion. At least 26 states and D.C. now Ending Sextortion some are part of cyber harassment or voyeurism have laws addressing sextortion, including the in the Digital Age,” codes; others are standalone provisions). three states—Georgia, North Dakota, Nebraska— Thomson Reuters and D.C. that passed new laws this year. Although Foundation In addition, several state laws have been chal- some sextortion cases potentially can be pros- lenged as violating First Amendment protections of • Sextortion: Findings ecuted under general extortion, harassment or free speech. An early version of Arizona’s revenge from a Survey of child pornography laws, courts have dismissed porn law was struck down (the law was later re- 1,631 Victims, Crimes vised), and other court cases are currently pending, strong cases because criminal statutes do not Against Children including in Illinois and Texas. Legislation in more Research Center, than a dozen states this year was aimed at amend- University of New Federalspecifically address Action sextortion. Hampshire potentially unconstitutional provisions or closing Federal law does not directly address noncon- loopholes.ing existing For laws example, by refining Oregon’s language HB 2393 to correct expands sensual pornography or sextortion currently. the state’s unlawful dissemination law to include In May, however, Representative Jackie Speier imagery distributed via means other than an inter- (D-Calif.) and Representative John Katko (R-N.Y.) net website, such as apps and text messages. introduced HR 2896, the Stopping Harmful Im- Another growing trend is legislation to provide for age Exploitation and Limiting Distribution Act of NCSL Contact 2019 (the “SHIELD Act”). The legislation seeks to civil remedies. About a dozen state laws currently Pam Greenberg address both dissemination of images and sex- allow for a private right of action against those who 303-856-1413 disclose intimate images without consent. In July tortion. Companion legislation reportedly will 2018, the Uniform Law Commission approved the be introduced in the Senate by Senator Kamala Uniform Civil Remedies for Unauthorized Disclo- Harris (D-Calif.).

National Conference of State Legislatures | Tim Storey, Executive Director 7700 East First Place, Denver, Colorado 80230, 303-364-7700 | 444 North Capitol Street, N.W., Suite 515, Washington, D.C. 20001, 202-624-5400 www.ncsl.org | The information contained in this LegisBrief does not necessarily reflect NCSL policy.