Measure would punish publication of “hacked” or stolen pictures

HARRISBURG, March 19, 2015 – To better protect Pennsylvanians from the unsolicited and embarrassing publication of their private, intimate pictures, state Sens. Judy Schwank (D-Berks) and Vincent Hughes (D-Philadelphia) said today they will introduce a proposal, similar to the recently enacted so-called “revenge porn” law, that would make it a crime for someone to steal and publish unauthorized images of strangers and others.

“The theft and distribution of naked or sexual pictures of someone other than a partner or former partner is much less common than the ‘revenge publishing’ of photos against a former partner, but last fall’s hacking of celebrity photos and videos shows that it happens,” Sen. Schwank said. “So, perhaps, might the recent events at the Penn State fraternity.”

Schwank said the new proposal would apply the same civil and criminal penalties as the law passed last year – which applies only to situations involving sexual or intimate partners – where the victim and perpetrator have no such relationship.

“We need to make sure we have strong enough sanctions to deter someone from unreasonably taking such pictures or making them public without the victim’s consent,” she said.

Sen. Hughes, the Democratic chairman of the Senate Appropriations Committee, said he is joining Sen. Schwank in this proposal because it’s the right thing to do.

“We must make sure that our laws evolve with technology,” said Hughes. “It is now incredibly easy to share photographs, videos, and other forms of media electronically. This is generally a positive thing, especially for staying in touch with our loved ones over long distances. However, we have to ensure that the public is protected from individuals who would use technology for nefarious purposes.”

If approved by the legislature, Schwank’s and Hughes’ proposal would make these acts a crime under the Invasion of Privacy law.

Under the “Unlawful Dissemination of Intimate Images” law passed last year, posting sexual images to annoy or harm a partner or former partner carries potential penalties of up to two years in jail when an adult is the victim and up to five years when the victim is a minor.

Offenders are also financially responsible for the injuries they cause their victims, through civil suit.

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