Suffolk County, NY - December 17, 2018 - Suffolk County Executive Steve Bellone today 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. The County Executive was joined by District Attorney Tim Sini and Legislator Bill Lindsay, sponsor of bill IR 1756, a local law, which 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.
“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,” said Suffolk County Executive Bellone. “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.”
Suffolk County District Attorney Sini said, "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 this legislation, 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. I would like to thank the County Executive and the Suffolk County Legislature, particularly Legislator Lindsay, for working with my office to pass this legislation so that law enforcement is able to prosecute these crimes and hold abusers accountable.”
Suffolk County Legislator Bill Lindsay said, “I am confident that this legislation will make individuals think twice before unlawfully sharing an intimate photo or video of another person. However, if they do share an image or video without consent, I am glad that our District Attorney is fully committed to enforcing this law to its fullest extent.”
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. In order to give further protection and recourse to victims, 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.
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 emanates. “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 occurs when these 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 estimates that 1 in 8 social media users have been targets of nonconsensual pornography and that women are 1.7 times more likely to be victimized by revenge porn than men. Major internet and social media leaders have taken significant steps to eradicate revenge porn found on their networks, including Facebook, Twitter and Google.
Laura Ahearn, Esq., LMSW, Executive Director of The Crime Victim’s Center/Parents for Megan’s Law said, “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.”
If someone may be a victim of revenge porn, please call the Suffolk County District Attorney’s Office at 631-853-5602 or email SCDAPhotoExtortion@suffolkcountyny.gov to report the incident.