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Growing Concern Over MN Revenge Porn Law

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Minnesota

Growing Concern Over MN Revenge Porn Bill

It appears that the Motion Picture Association of America (MPAA) is the latest to come out against HF 27411 which provides both civil and criminal penalties for those who engage in revenge porn. In a letter to Minnesota legislators, the MPAA stated that the bill was overly restrictive and could potentially lead to civil liability for “images of Holocaust victims, or prisoners at Abu Ghraib, or the Pulitzer-Prize winning photograph entitled ‘Napalm Girl’—which shows a young girl running screaming from her village, naked, following a Napalm attack.”  The MPAA has requested, so far unsuccessfully, that the bill be amended to require “an intent to harass” in the definition of the crime.  This appears unlikely to happen if the bill’s sponsor, Representative John Lesch, has his way.  According to Representative Lesch, adding that language “guts the bill. You could just suggest it was for some reason other than harassment or humiliation and the state would not be able to effectively prosecute a crime. It would be dismissed at initial hearing.”

It will be interesting to see whether this bill if it becomes law in its current form will be found constitutional.  Arizona’s revenge porn law ran into problems because it lacked an intent to harm.

To read more about the debate on this bill go here.

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