FRANKFORT (March 22, 2018) — A bill that would make it a crime to post sexually explicit images of someone online without that person’s consent is on its way to the governor to be signed into law.
House Bill 71, sponsored by Rep. Diane St. Onge, R-Ft. Wright, aims to crack down on so-called “revenge porn” – sexually-explicit photos or videos often used to humiliate the person photographed or turn a profit for the person posting the photos online.
Penalties for posting such an image would be a misdemeanor for a first offense or a Class D felony for each subsequent offense. If the image was posted for profit, the penalties would be ramped up to a Class D felony for a first offense and a more serious Class C felony for subsequent offenses.
Those who post such material could also be liable in civil court, where $1,000 in damages could be assessed under HB 71 for each image each day it remains online after a request has been made to remove it. Additional language would prohibit an online entity from demanding payment to remove the image or images.
While penalties for violators would be serious in many cases, those convicted under the legislation would not have to register as a sex offender under Kentucky law.
HB 71, which passed the Senate on a 37-0 vote yesterday, received final passage in the House today on a vote of 90-2.
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