The Nonconsensual Pornography Bill, Senate Bill 192, was proposed Wednesday in the Indiana Senate to set consequences for people who distribute revenge porn.
Revenge porn is when someone, usually an ex-romantic partner, will release pornographic photos of another person as punishment for a breakup or other issue.
A teacher from Fishers, Indiana, spoke to the committee about the effects revenge porn can have on someone's life.
She was a victim of revenge porn in 2014 when her ex-husband hacked into her Facebook and posted private images of her. He also mailed the images to faculty, administrators and parents at the school. She had to fight to keep her job and said the event caused embarrassment for her and her children. The police helped to protect her.
“Just when I thought he had dismantled the very being of myself, I was embraced by a community that stood behind me and wanted to protect me,” she said.
She said police were helpful but were unable to arrest the ex-husband because there are no set laws for charging nonconsensual pornography.
Thirty-seven states have already passed similar bills.
“It's a problem, and there’s not a remedy for it, and it really makes people feel hopeless,” bill co-author Sen. Mike Bohacek, R-Michiana Shores, said. “As time changes, we need to make sure we keep up with the times and adjust our laws accordingly.”
Bohacek has a college-age daughter and said he feels the bill is especially important to college students who may be sending nude photos so they can have some protection later against possible repercussions.
The bill will make vengefully distributing compromising photos a civil offense. This would allows an out-of-state suspect to be held accountable easier than if it was a criminal offense.
Criminal offenses can carry jail time, while civil offenses are just fines.
Last year, Bohacek was the second author of a similar bill, Bill 243, which was not heard by the Indiana Senate. It was written to make the same nonconsensual porn a criminal offense.
In Bill 192, the lowest fine a person could face is $10,000. Bohacek said he hopes the hefty fine will further deter people.
“I go to bed every night trying to find a way to get our bill passed,” bill co-author Sen. Aaron Freeman, R-Indianapolis, said at the meeting.
Both Bohacek and Freeman said they believe once the bill is heard, it will be passed easily.
The bill was presented Wednesday, but not voted upon. Bohacek said the bill needs to be amended so it doesn’t infringe upon free speech rights. Right now, the bill is not specific enough to protect consensual pornography.
A similar bill was struck down in federal court in Arizona because it was deemed unconstitutional.
A subcommittee, which will meet Monday, has been appointed to address these First Amendment issues.
Members of the Indiana Prosecuting Attorneys Council, Indiana Trial Lawyers Association and the Motion Pictures Association of America spoke in support of the bill during the meeting. No one spoke in opposition.
The bill will be heard again once an amendment has been written to define how to determine intent and protect free speech, Bohacek said.
