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September 13, 2013

'Revenge Porn'€™ Bill Sails Through California Legislature

SACRAMENTO, Calif.—Senate Bill 255, the so-called ‘revenge porn” legislation that makes it a misdemeanor to maliciously post nude photos online accompanied with identifiable information without the individual’s permission, sailed through both houses of the California legislature yesterday, and is now ready for Governor Brown’s signature. “Brown has 30 days to sign the bill into law, though it’s unclear if he will. If signed, SB 255 would take effect immediately,” reported NBCLA. The bill provides for up to one year in a county jail, a fine of up to $1,000, or both for anyone convicted under its provisions, which differ from similar measures pursued elsewhere. As interpreted by one Calico Rudasill, “It seems the legislature has done a better than usual job with respect to the going-too-far tendency, by excluding images that were proactively ‘sexted’ by the eventual revenge porn victim, and by clarifying that the law applies only to displays that are made ‘with the intent to cause serious emotional distress.’ Ordinarily, I’d say these are smart limitations, but in the case of revenge porn, these clauses actually serve to exempt a pretty hefty percentage of the content of such sites.” According to NBC, “The bill was inspired, in part, by a 15-year-old Northern California girl who killed herself after three boys allegedly took pictures of themselves sexually assaulting her while she was passed out at a party, then posting those images online.” The text of SB255 can be read here.

 
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