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The Massachusetts House of Representatives today passed legislation that combines several separate legislative initiatives into one bill that
will help to prevent abuse and exploitation, while also enhancing protections for survivors. The
legislation addresses teen sexting and image-based sexual assault, commonly referred to as
“revenge porn;” expands the definition of abuse to include coercive control for the purposes of
obtaining a restraining order; and extends the statute of limitations for certain domestic violence
offenses from six years to 15 years.
“This legislation modernizes our criminal laws by ensuring that those who share explicit images
of others without their consent face punishment, while also educating minors on the dangers of
sharing explicit images of themselves rather than imposing some of the criminal justice system’s
most severe consequences,” said House Speaker Ronald J. Mariano (D-Quincy). “I’m also
incredibly proud of this legislation’s bolstered protections for survivors, including the added
consideration of nonphysical forms of abuse for those seeking restraining orders from their
abusers. I want to thank Chairman Day and the Judiciary Committee, along with each bill
sponsor and all my colleagues in the House for prioritizing this vital legislation.”
“The House has heard the urgent call of survivors to enhance protections and ensure that our
laws keep up with technology. But the House doesn’t just listen, we act,” said Representative
Michael S. Day (D-Stoneham), House Chair of the Joint Committee on the Judiciary. “It’s
critical that these reforms pass into law quickly so that victims of coercive control, adolescent
sexting and revenge porn aren’t left without relief.”
Currently, minors who possess, purchase, or share explicit photos of themselves or other
minors are charged with violating Massachusetts child pornography laws and are required to
register as sex offenders. The legislation passed today instead authorizes commitment to the
Department of Youth Services (DYS), but also allows minors to be diverted to an educational
program in lieu of criminal punishment. A district attorney, however, is allowed to petition the
court to bring criminal charges in extreme cases.
The educational diversion program, to be created by the Attorney General in consultation with
the Department of Elementary and Secondary Education (DESE), DYS, and the District
Attorneys Association, would provide teenagers with information about the legal and nonlegal
consequences of sexting, which would be made available to school districts. DESE should also
encourage districts to implement media literacy programs in their schools as a prevention
measure.
“This legislation represents a coordinated effort and a holistic approach to address an
increasingly prevalent behavior and provides mechanisms to protect individuals victimized by
those who threaten, intimidate, and harass the subjects of these images,” said State
Representative Jeffrey N. Roy (D-Franklin), a lead sponsor of the bill. “The sexting provisions
provide law enforcement officers with a middle ground that will allow them to educate kids about
the consequences of their actions without ruining their lives. It will have a tremendous impact on
people who have become entangled in the web and transmittal of images that can cause
traumatic and lifetime harm through a diversion program that will educate them about the legal
and personal consequences of this behavior.”
In addition to teen sexting, the bill addresses the nonconsensual distribution of explicit images
by adults by establishing a penalty in the existing criminal harassment statute, including up to
two and a half years of prison time and/or a monetary fine of up to $10,000. The bill increases
the upper limit of the fine for criminal harassment from $1,000 to $5,000. Under this bill, a victim
may also petition the court for a harassment prevention order against a person who has violated
this statute.
The bill passed today also adds coercive control to the definition of abuse. Coercive control is a
nonphysical form of abuse which includes a pattern of behavior, or a single act intended to
threaten, intimated, harass, isolate, control, coerce or compel compliance of a family or
household member that causes the family or household member to fear physical harm or to
have a reduced sense of physical safety or autonomy. Examples of coercive control include
threating to share explicit images, regulating or monitoring a family or household member’s
communications and access to services, and isolating a family or household member from
friends or relatives.
"Protecting victims is the driving force behind these efforts and I am pleased we are giving
prosecutors more tools to deal with these disturbing and dangerous situations. Thank you to
Speaker Mariano, Chair Michlewitz, Chair Day, and the advocacy groups who recognize how
important it is that we further protect victims by updating our criminal laws," said
Representative Richard M. Haggerty (D-Woburn), a lead sponsor of the bill. "By defining
coercive control as abuse and closing revenge porn consent loopholes, this law protects against
the severe emotional harm too often inflicted through non-physical tactics, sending a clear
message that revenge porn, coercive control, and criminal harassment have no place in
Massachusetts.”
“Far too often, our legal system has failed victims of domestic violence who are subjected to the
unseen tortures of psychological and emotional abuse,” Representative Meghan Kilcoyne (D-
Clinton), a lead sponsor of the bill. “I am so grateful that with this piece of legislation, we will be
giving our law enforcement and judiciary the necessary tools to ensure those subjected to both
physical and emotional abuse are protected. I am thankful to the Speaker and Chairman Day for
their leadership. “With this bill, we can make sure victims of coercive abuse will no longer suffer
in silence.”
The legislation passed today also extends the statute of limitations for assault and battery on a
family or household member or against someone with an active protective order from six years
to 15 years. This change brings the Massachusetts statute of limitations for these domestic
violence offenses in line with the statute of limitations for rape, assault with intent to commit
rape and sex trafficking.
“Massachusetts can and should be granting restraining orders for coercive control, but we know
that for so many survivors, their emotional and psychological trauma is not given the same
seriousness as physical violence. And the reality of that barrier can be deadly,” said
Representative Natalie M. Higgins (D-Leominster), a lead sponsor of the bill. “I am incredibly
grateful to the Speaker and my House colleagues for taking a critical step forward in protecting
our neighbors by codifying coercive control in the Mass General Laws and extending the statute
of limitations so that survivors of domestic violence can build more safety and supports to come
forward and report domestic abuse to law enforcement.”
“Domestic violence is not always physical violence, sometimes it’s much more insidious. During
my time as a legal services attorney, I represented many survivors who suffered emotional
trauma and financial devastation through fear and manipulation. Survivors and the courts need
our help to update our laws to make it clear that coercive control is a type of domestic abuse
that will not be tolerated,” said Representative Tram Nguyen (D-Andover), a lead sponsor of
the bill. “I want to thank Speaker Mariano, Chair Michlewitz, and Chair Day for advancing this
transformative and bipartisan legislation. I am also grateful for the partnership of Rep. Higgins,
who co-filed this legislation with me, and the survivors and coalition advocates who spoke up for
the thousands of women, men, and children in our Commonwealth who would be better able to
take back control of their future if this bill is signed into law.”
“An Act to prevent abuse and exploitation” (H.4241) passed the House of Representatives 151-
0. It now goes to the Senate for their consideration.
