New Castle Considers Revenge Porn Statute
New Castle officials discussed the potential of creating a local law that would criminalize the sharing of someone’s intimate photos or videos online without their consent.
With social media and technology continually advancing, Councilman Jeremy Saland implored the town board to start preliminary discussions on crafting a Revenge Porn law during a work session last Friday. Saland explained that explicit photos and videos are often shared online to inflict emotional pain and enacting a law would scare off potential offenders with tangible consequences.
While the New York State Senate passed a Revenge Porn statute in March and is currently awaiting Assembly approval, New York City’s law went into effect in February. Any individual who violates the law would be charged with a misdemeanor and face up to one year in jail and a $1,000 fine, according to New York City’s law.
“I unequivocally believe that even if it’s never used, letting people know that this is a crime or can be a crime is a phenomenal message to young people and adults whether they are a jolted ex-lover that you cannot do this conduct because there will be criminal results, or at a minimum set you up for civil exposure in a lawsuit,” Saland said.
State law currently protects individuals when sexual or other intimate images are unknowingly taken and shared, but not if an individual privately and willingly provides the image to another person who shares it without consent to harass, annoy or alarm the subject in the photo. The state has reported cases where images were sold to pornographic sites in exchange for money.
Saland stressed a Revenge Porn law would provide victims with additional protections and make them more willing to prosecute their attacker. As a criminal defense attorney, Saland said he has seen many cases of young students and adults engaging in similar behavior. We want to prevent it from happening here, he said.
“We may not hear of a lot of things, but it happens and when there’s no recourse for it people don’t know what to do,” Saland said. “(State) law has not caught up to the reality of the technology in today’s behaviors. There’s no protection in the law, it’s minimal.”
He added passage would encourage county and state officials to enact a similar law.
“I think this is not just symbolic, but it shows that New Castle is in the front of this and I do believe in the next year to three years we will have this at the legislative level,” Saland said. “It’s shocking it’s not at the county level.”
While Town Board members were split on how to move forward, Saland was advised to seek input from the New Castle Police Department and local organizations. Town Supervisor Robert Greenstein said he wasn’t against the law but was hesitant about it creating a false image of the town.
“I don’t want to seem like we have some huge problem in our town,” Greenstein said. “It’s going to come across like we have this big problem.”
Greenstein said the topic is one tiny component of bullying and should be part of a broader discussion for the community. He also suggested sending a letter to County Executive George Latimer advising him to consider the law countywide.
Councilwoman Lisa Katz agreed the board should examine cyberbullying as a broader topic, while Councilwoman Ivy Pool felt the law should be passed at the state level. Councilwoman Hala Makowska said the law would put New Castle ahead of the curve by being proactive and protective of their resident’s privacy.
Saland agreed it would be in the town’s best interest to attack cyberbullying on a larger scale but pressed the law would be beneficial.
“This legislation is there for a reason because it’s a problem without recourse,” Saland said. “Hopefully it’s never used, but it’s something worthy for review.”
