Crackdown On Revenge Porn: New Suffolk County Legislation Signed

SUFFOLK COUNTY, NY — For years, individuals have been defenseless against those who threatened to share "intimate" photos of them, without permission — shattering lives and reputations.

But all that ended in Suffolk County Monday: Suffolk County Executive Steve Bellone signed legislation to establish criminal and civil liability for the unauthorized sharing of intimate images of another person, an act known as “revenge porn” or nonconsensual pornography.

Bellone was joined by Suffolk County District Attorney Tim Sini and Legislator Bill Lindsay, sponsor of bill IR 1756, a local law that "enacts harsh penalties in order to deter perpetrators from these actions, and aims to protect victims from potential professional, emotional, or personal damage caused by this malicious act," Bellone said.

“Smart phones and social media have ushered in a new era of photographing and videotaping that make it easier than ever to capture what should remain personal moments,” Bellone said. “However, sharing and distributing that content without consent is more than just an instance of poor judgment. It’s a criminal act that can have widespread implications affecting one’s life and mental health. Suffolk County will hold these perpetrators accountable to the fullest extent of the law.”

Sini agreed: "Victims of revenge porn are often embarrassed or afraid to come forward, but we know these crimes can lead to serious consequences for victims, such as cyberbullying, emotional distress and isolation, even suicide."

With the legislation, Sini said: "We’re sending a message to victims that we are here to protect them and sending a message to would-be offenders that the act of disseminating someone else’s intimate images without their consent is, in fact, a crime."

Lindsay said he was confident that the legislation would make individuals "think twice" before unlawfully sharing an intimate photo or video of another person.

The local law will prohibit the unauthorized disclosure of intimate images as an unclassified misdemeanor, punishable by up to one year in prison and/or a fine of up to $1,000, Bellone said.

Violators will also be subject to civil judgments where they may be held liable for compensatory and punitive damages, attorney’s fees and costs, and more, a release added.

Although there are no established federal laws criminalizing revenge porn, revenge porn is currently outlawed in 40 states, not including New York State. However, several municipalities including Washington, DC and New York City have enacted legislation deeming revenge porn a criminal act.

The advent of social media has led to the widespread phenomena of cyberbullying, from which revenge porn stems, Bellone said.

“Sexting,” the act of sharing sexually explicit messages and/or photographs, has become increasingly common among teenagers. The nonprofit Cyber Civil Rights Initiative CCRI estimates nearly half of young adults between the ages of 18 and 26 have sent nude or seminude photos of themselves to others; two thirds have received sexually explicit photos of others.

Revenge porn, lawmakers said, occurs when those sexually explicit photographs are shared without individuals’ consent, including photographs taken without consent as well as images intended to be shared exclusively within personal relationships. Revenge porn, deemed “digital sexual violence” by CCRI, can cause victims significant mental anguish and have potential professional ramifications that may have economic impact.

CCRI estimated that 1 in 8 social media users have been the targets of nonconsensual pornography and that women are 1.7 times more likely to be victimized by revenge porn than men, Bellone's release said, adding that internet and social media leaders have taken significant steps to eradicate revenge porn found on their networks, including Facebook, Twitter and Google.

Laura Ahearn, executive director of The Crime Victim’s Center/Parents for Megan’s Law was also present at the event. “I applaud County Executive Bellone and Legislator Lindsay for this trailblazing legislation. Revenge porn has serious consequences and needs to be treated as a serious crime. This legislation not only criminalizes revenge porn but it also creates a cause of actions for victims to seek civil remedy.”

In an interview with Patch, Ahearn said revenge porn often includes cases of men threatening women who may want to end a relationship; former intimate partners seeking retaliation; and stalkers or hackers looking to extort money.

The statistics, she said, are staggering: One in 10 women under the age of 30 has been threatened with non-consensual image sharing. "With the advent of technology, we're seeing more of this happening," Ahearn said.

And, she added, one in 25 Americans have been threatened by, or are the victims of, revenge porn.

Ahearn said she has seen two cases at The Crime Victims' Center. "One woman was a former teacher," she said. "Her boyfriend threatened that if she broke up with him, he was going to email her friends images and videos of them having sex. She broke up with him, and he emailed and posted the images online. Then he tagged her school district — and she was fired," she said.

There have been no avenues of recourse, Ahearn said — until Monday.

"Victims have suffered in silence in New York State for many, many years, with no recourse whatsoever, until now," she said. "Today was a day of celebration. For the first time in Suffolk County, victims who have suffered in silence have a law behind them as a weapon to fight back."

Victims of revenge porn can call the Suffolk County District Attorney’s Office at 631-853-5602 or email SCDAPhotoExtortion@suffolkcountyny.gov to report the incident.

Patch photo courtesy Suffolk County Executive Steve Bellone.