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New laws take aim at those who post ‘revenge porn’

July 8, 2019

Two new Indiana laws are taking aim at people who post intimate images from previous or current relationships online without consent.

One of the new laws that took effect July 1, Senate Enrolled Act 243 (Public Law 185) would make posting revenge porn a Class A misdemeanor for a first offense, and a Level 6 felony for a second offense.

Indiana’s other new revenge porn law, SEA 192 (PL29) permits civil lawsuits against someone accused of distributing nude or inmate images, and allows plaintiffs to pursue monetary damages. Attorneys told Indiana Lawyer during the legislative session that “revenge porn” victims often had little legal recourse. Under SEA 192, a prevailing plaintiff may recover the greater of $10,000 or economic and non-economic damages, attorney fees, court costs, and other relief, including injunctive relief.

Lawmakers approved the measure after Republican Sen. Aaron Freeman championed it for a third straight year. Freeman said that as a former prosecutor and now a private attorney, he’s seen firsthand cases of revenge porn aimed solely at hurting or embarrassing a spouse or significant other.

He told The Journal Gazette of Fort Wayne that “this stuff needs to end.”

Indiana Lawyer’s comprehensive list of new laws for 2019 is available here.

 

 

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