Republican state Senator Joseph A. Griffo, who represents much of eastern St. Lawrence County, has introduced legislation criminalizing the non-consensual disclosure of sexually explicit photographs, also known as “revenge porn.”

This legislation makes the non-consensual disclosure of sexually explicit images a class A misdemeanor subject to a $30,000 fine.

The bill provides exceptions for lawful and common practices of law enforcement, and situations involving voluntary exposure in public or commercial settings.

It has become increasingly common for people in intimate relationships to share pictures with each other, some of which may be sexually explicit in nature. Recipients of such images do not always keep them private and have the ability to widely disseminate them on the Internet, said Griffo, whose district includes Potsdam and Massena.

The non-consensual disclosure of such sexually explicit images, also known as “revenge porn,” is often provided to Internet websites, and are sometimes accompanied by disparaging descriptions and identifying details, such as where the victims live and work, as well as links to their social network pages, according to Griffo.

Such photographs can have negative effects, including damaging future intimate relationships and hindering educational and employment opportunities, Griffo said.

New York’s current distribution of unlawful surveillance law only governs photographs taken without the subject’s consent. The new bill would govern photographs that are captured consensually, as part of an intimate relationship, with the expectation of privacy, and are later disclosed without the consent of the individual photographed.

Criminalization is preferable to civil suits by victims because civil suits do not deter those who upload or disclose new images after a civil suit has ended. Furthermore, a lengthy trial is emotionally exhausting and prohibitively expensive. Moreover, the websites that distribute non-consensual pornography are given broad immunity for civil liability under the Communications Decency Act.