R.I. Attorney General to re-file vetoed ‘sextortion’ and revenge porn bill

Rhode Island Attorney General Peter F. Kilmartin has announced plans to re-file legislation vetoed in 2016 that would prohibit the posting of revenge porn and create harsher criminal penalties for those who engage in “sextortion.”

Kilmartin announced this week that he will re-file the bill with the General Assembly during the upcoming session in January. The bill, which passed both the state Senate and House, was vetoed by Gov. Gina M. Raimondo in June after she expressed concerns that the legislation could impact free speech.

“The bill is apparently intended to curb the dissemination of private sexual material over the internet, but its sweep is much broader,” Raimondo said in June when she nixed the proposed bill. “It could also cover works of art that depict the human body. And unlike virtually all other similar state statutes, [the legislation] does not include basic safeguards such as the requirement that ‘intent to harass’ be demonstrated for conduct to be criminal.”

The legislation as presented would prohibit unauthorized distribution of private, sexually explicit photos and videos. Kilmartin said it only applies to those who intentionally distribute those images that were created under circumstances intended to remain private and that were distributed for no legitimate purpose.

This will be the seventh year that Kilmartin has filed such legislation. He said in a press release this week that it has been carefully and thoroughly reviewed by the office’s criminal, civil, and appellate divisions to ensure it is constitutional, does not violate the privacy of individuals, and does not disrupt the First Amendment.

Kilmartin said studies have shown that sex trafficking is the world’s fastest-growing criminal enterprise. According to the U.S. Department of Justice, sex trafficking is estimated to be a $32 billion-a-year global industry, second only to drug trafficking.

A total of 34 states and the District of Columbia have already enacted legislation addressing such issues, Kilmartin notes.

“Individuals who are victims of revenge porn and sextortion are violated in one of the most intimate ways possible, and are often physically and financially exploited, while the abusers face no legal consequences for their depraved actions,” Kilmartin said.

“Telling a victim, or the parent of a victim, that there is nothing we can do to hold the perpetrator accountable because there is no adequate law in place, is a failure of our criminal justice system and a failure of leadership by those who blocked passage of the legislation,” he said.

For those convicted of revenge porn, Kilmartin’s legislation proposes a first offense be considered a misdemeanor and, upon conviction, would be subject to imprisonment of up to one year, a fine of $1,000, or both. Second and subsequent offenses are a felony and, upon conviction, subject to not more than three years imprisonment, a fine of not more than $3,000, or both.

Under the legislation, those who threaten to disclose a visual image or make a threat to obtain a benefit in return for not disclosing a visual image would be, upon conviction, guilty of a felony and subject to a five-year sentence. Those convicted of demanding a payment for removing a visual image would be guilty of a felony and subject to up five years in prison, a fine of up to $5,000 or both.

“This legislation protects victims who are being exploited, harassed, and stalked by individuals who willfully and intentionally post intimate photos and videos to exact revenge or cause humiliation. Revenge porn is a real crime with real victims, and the legislation addresses this problem without infringing on anyone’s First Amendment rights,” Kilmartin said.

jvallee@thewesterlysun.com