St. Paul, Minn. – Tonight on a vote of 128-0, the Minnesota House passed a bill, SF 2713, which seeks to end “revenge porn,” the practice of distributing private sexual images or soliciting sex on behalf of another person without their consent. This is often done with the aim of humiliating, harassing or intimidating a former partner from an intimate relationship. The bill was the result of a year-long effort spearheaded by the bill’s chief author, Rep. John Lesch (DFL – St. Paul).
“I’m thrilled we were able to pass this bill today which sends a message that just like physical abuse, stalking, blackmail and other forms of harassment, this behavior will not be tolerated in the state of Minnesota,” Lesch said. “In a legislative session where it appears we might not accomplish much of consequence, this is a highlight of what we can achieve when we truly work together on a bipartisan basis with many viewpoints at the table.”
Rep. Lesch worked to craft a law that would provide justice to victims while withstanding strict constitutional scrutiny. Last May, the Minnesota Court of Appeals struck down Minnesota’s prior criminal defamation law – which had been used in Isanti County to prosecute a case of online sexual harassment – as unconstitutionally broad. Afterward Rep. Lesch convened the “End Revenge Porn Working Group” to craft a law addressing this. The working group included legislators, prosecutors, defense attorneys, civil liberties experts, advocates for victims of sexual assault and domestic violence, among others.
While the group had many members with diverse backgrounds and viewpoints, Rep. Lesch sought to achieve a product with as close to a consensus as possible. He specifically lauded the work of the Minnesota Coalition Against Sexual Assault, the Minnesota Coalition for Battered Women, Battered Women’s Legal Advocacy Project, the Minnesota County Attorneys Association and the Cyber Civil Rights Initiative in crafting the bill, as well as Senate author Sen. Barb Goodwin (DFL – Columbia Heights), who is retiring from the Legislature following the current term.
“With a subject emerging this quickly with so many complexities, we were only able to achieve this positive result with a wide array of expertise and viewpoints, and I want to thank each and every member of the working group for their contributions,” Lesch said. “I knew that it wouldn’t be easy to come up with a final product that pleases everyone, and to be sure there are some who wish certain aspects of the bill were different, but this is a solid piece of legislation that will make people think twice before distributing an intimate photo or video without permission.”
Under the bill, actions of revenge porn are specifically made criminal if the person is identifiable, the actor knows the person did not consent to dissemination and the image was obtained or created under circumstances in which the person depicted had a reasonable expectation of privacy. The bill also updates the statutory definitions of criminal defamation, coercion, stalking, harassment and domestic violence to reflect this.
In addition to criminal penalties, the bill creates civil causes of actions for these activities and provides for damages to be awarded as well as civil penalties to be levied. Under these proceedings, the bill also requires the court to allow filings to remain confidential to protect a victim’s privacy.
The bill now heads to Gov. Mark Dayton’s desk for his signature. If signed, Minnesota would join 28 other states with statutes on the books outlawing revenge porn, with several others on the horizon.