State legislators are working to make sure those sexy Snapchats and texts don’t make it past their intended recipients with a bill that would criminalize the non-consensual distribution of sexually explicit images.
The bill’s author, Sen. Leah Vukmir, R-Wauwatosa, said at a public hearing Wednesday the bill addresses “an ever-growing problem” of individuals allowing photos to be taken, but then having the photos distributed without their consent by a vengeful ex-spouse or lover.
Current law prohibits individuals from taking non-consensual photos or videos of another person, but it permits a gray area when the individual allowed the photo or video to be taken for private use, Vukmir said.
Katherine Bates, spokesperson for fellow bill author Rep. John Spiros, R-Marshfield, said the bill would “modernize” Wisconsin law.
“Consenting to an image is not the same as consenting to an image being distributed,” she said.
Two other states, New Jersey and California, already have a “revenge porn” law similar to this bill, Vukmir said.
Vukmir added she and Spiros worked with Mary Ann Franks, a law professor at the University of Miami who specializes in non-consensual pornography, in drafting the bill.
At the Assembly public hearing in late October, Spiros said he spoke to a woman in Texas who had to change her name and address after a vengeful partner posted photos of her online.
At that public hearing, Rep. Fred Kessler, D-Milwaukee, also said he was concerned about the language of the bill being too broad and negatively affecting fine art.
“Is it going to affect a museum that contains a non-consensual nude in the background or something like that?” Kessler asked.
Vukmir told Kessler that she and Spiros are more focused on individuals experiencing anxiety, harassment and fear because their photos were posted online.