Kansas Legislature unanimously passes bill to outlaw revenge porn

A bill to outlaw revenge porn is heading to Gov. Sam Brownback’s desk.

Rep. Sydney Carlin, D-Manhattan, said that people are having their “careers ruined, their reputations, their livelihoods affected” by revenge porn, the online phenomenon in which people post nude photos or video of ex-spouses, ex-girlfriends or ex-boyfriends without their permission.

A bill that aims to deter the practice passed both the Kansas House and Senate unanimously Friday.

HB 2501 makes it a felony in Kansas to post this material without a person’s consent. A person convicted of felony breach of privacy under the bill would face presumptive probation for a first offense, while a person convicted of felony blackmail would face up to six years in prison.

The legislation is combined with a bill that lessens the penalty for transmitting nude photos of minors when the offender is a teenager.

Current law treats unlawful transmission of a visual depiction of a child as a felony offense and requires registration as a sex offender if a person is convicted.

That means teenagers who engage in sexting, sharing sexual messages and photos via text messaging, are often committing felonies without realizing it.

The bill would make unlawful transmission of a visual depiction of a child a misdemeanor offense when the perpetrator is under the age of 19. That would also prevent the offender from having to register as a sex offender.

Supporters hope the policy change will give law enforcement a tool to combat the prevalence of sexting – without resulting in a rash of felony convictions for teenagers.

This story was originally published April 29, 2016 at 3:20 PM with the headline "Kansas Legislature unanimously passes bill to outlaw revenge porn."