Criminalizing “Revenge Porn”: Attorney Adam Woody Discusses the New Missouri Statute

On Governor Greitens’ last day in office, he signed House Bill 1558 into law, which creates the felony offense of nonconsensual dissemination of private sexual images. Prior to Greitens’ approval, the Missouri legislature approved the bill banning “revenge porn” unanimously.

Missouri joins 38 states and the District of Columbia in outlawing revenge porn. Missouri Senator Gary Romine, the sponsor of the legislation in the upper chamber, says that the new law “provides prosecutors an opportunity to protect the victim, those that have had photographs taken of them while in an intimate personal relationship, and then have fallen apart and used against them at a later date.”

Under the new law, sharing private sexual images without consent constitutes a felony carrying the possibility of two to seven years in jail. Even threatening to do so is a Class E felony, carrying a range of punishment from one to four years in jail. An “intimate image” is an image that a reasonable person would understand as private.

Without this law, the only criminal protection for the victim would be that the assailant could be charged with invasion of privacy, which required the original photo to be taken without the other party’s consent. Greitens was charged with felony invasion of privacy, but the case was ultimately dismissed. Greitens can never be charged under the new “Revenge Porn” statute because it cannot be applied to conduct that occurred before the law was enacted.

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