Assemblyman Marc Berman introduced a bill this month intended to crack down on “revenge porn” by closing a loophole in the state’s law that makes it a crime.
State lawmakers made it a crime in 2013 to intentionally distribute intimate photos and videos of another person in an effort to shame or humiliate them, even if the photo or video was consensual at the time of its creation.
However, according to Berman, existing state law does not include secretly taking intimate photos or video of another person for the specific purpose of revenge. State law also does not prohibit cases in which a person distributes explicit images or videos that are stolen.
Berman’s Assembly Bill 1380, which he introduced into the state Legislature on Friday, would make both actions illegal under the state’s penal code.
“Too often perpetrators of revenge porn leverage legal loopholes to get away with this heinous crime, leaving victims traumatized, humiliated, and without justice,” Berman said in a statement.
State Sen. Susan Rubio, D-Baldwin Park, is the principal co-author of AB 1380 and has spearheaded efforts in prior legislative sessions to prevent revenge porn and make it easier for victims to seek justice.
AB 1380 is also supported by the California District Attorneys Association.
“AB 1380 will ensure that if you record and distribute another person’s sexually explicit images without their consent there will be legal consequences,” Berman said.
The Legislature is expected to take up the bill as early as mid-March once it has been in print for at least 30 days.
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Loopholes are oversights by legislators when the law was originally drafted.
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First fix the potholes
Revenge porn can’t have loopholes, but all the other ones are ok….. Right?
Easy fix. DON’T let people record you. Seriously. Such a bad idea. AND, be mindful of who you associate with. Jeesh. If you put it out there you are not totally a victim.
Is that what we are down to? Revenge porn? How low can we go?