Combat revenge porn
It should go without saying that nude photographs and videos taken consensually during an intimate relationship should stay private, rather than end up posted online by vengeful ex-lovers for global viewing.
But because such humiliating betrayals of trust now occur – including on thousands of websites designed for the odious purpose – Kansas should join the 16 states with laws against revenge porn. As it is, Kansas laws regarding blackmail and breach of privacy don’t apply when the sexually explicit photos or videos were made with consent.
House Bill 2062, one of two bills introduced this session that aim to update state statutes to account for this new crime, had a favorable response in a recent House Judiciary Committee hearing, according to sponsor Rep. Sydney Carlin, D-Manhattan.
It would expand the crimes of breach of privacy and blackmail by making it a level 5 felony to disseminate or permit “the dissemination of any videotape, film, photograph or image of another identifiable person who is nude or in a state of undress, with the intent to invade the privacy of that other person, without the consent of that other person to such dissemination.”
House Bill 2080, promoted by Rep. Stephanie Clayton, R-Overland Park, would treat blackmail in such cases as even more serious and also target those who gain anything of value from the offense and those who maintain a website or app that contains such nude images.
Although revenge porn is mostly considered a crime against women, whose trauma and shame may be compounded by victim blaming, Clayton’s constituents include men as well as women who have been targeted. As she said: “It is an incredibly violent act – slander, assault and humiliation all in one.”
Because it’s estimated that Clayton’s bill would slightly increase the prison population – at a time when the Kansas Department of Corrections already expects to have 85 more male inmates than prison beds this year – Carlin’s bill may be a more attractive option for lawmakers.
Both Clayton and Carlin seemed optimistic Monday that the Legislature would act soon, pointing to an expression of support from Senate Judiciary Committee Chairman Jeff King, R-Independence. “Clearly, it is a despicable act. I’m glad to see efforts being made to stop it,” King told the Topeka Capital-Journal.
This is an evolving area of law that must deal with First Amendment concerns and enforcement challenges. It can be difficult to find out who posted the private photos. The conviction last week of a San Diego operator of a revenge porn website was believed to have been the first of its kind. Meanwhile, the Federal Trade Commission just settled its first case involving such a site.
The first step in Kansas should be passing a law against taking a nude image captured consensually and sharing it online without consent.
For the editorial board, Rhonda Holman
This story was originally published February 9, 2015 at 6:31 PM with the headline "Combat revenge porn."