Although issues related to sending sexually explicit photos via a mobile phone or other device is something many people associate more often with teens, the practice can lead to trouble for adults, too.
In recent years many cases have appeared in which a person has shared images with a significant other and then when the relationship ends the private image is shared with others as a means of hurting the other person.
Cases like this have come to be known as “revenge porn” or “cyber revenge,” and until recently, Michigan prosecutor’s have had a difficult time prosecuting the cases because there hasn’t been a law directly dealing with such cases.
Last year one such case popped up in Michigan’s Charlevoix County. The defendant in the case was ultimately charged with one count of unlawful posting of a message, a two-year charge.
However a new Michigan state law that Gov. Rick Snyder signed recently now specifically criminalizes the distribution of sexually-explicit materials intended to threaten, coerce, or intimidate.
In a news release issued last week Charlevoix County Prosecuting Attorney Allen Telgenhof noted that revenge porn cases often occur after a break-up, when one partner distributes intimate material sent during the couple’s relationship.
Under the new law, a person who distributes sexually explicit materials with the intent to threaten, coerce, or intimidate another person faces a $500 fine and up to 93 days in jail. A second offense can result in a $1,000 fine and a year in jail.
“Our office is pleased to see the bipartisan support these bills have received,” said Charlevoix County Assistant Prosecuting Attorney Gregory Justis. “It’s another tool in our toolbox to respond to the tremendous rise in the use of social media to engage in domestic abuse and cyber harassment.”
State legislators have tried since 2014 to pass a law targeting revenge porn or non-consensual pornography. With the new law, Michigan joins 27 other states with statutes specifically designed to prevent and respond to revenge porn.
The bills were sponsored by Sen. Steve Bieda, D-Warren, and Sen. Rick Jones, R-Grand Ledge.
“The new law balances our cherished freedoms of speech with the need to address behavior intended solely to harm another person, often seriously and irreversibly,” said Justis, who primarily handles cases involving domestic violence and criminal sexual conduct. “Revenge porn is about control and abuse, and the law targets only those who intend to engage in control and abuse.”
“It will also help shift the focus away from innocent victims, who are often blamed for their own victimization, to those who commit a serious crime,” he said.
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