SACRAMENTO, Calif.—Senate Bill 255, the so-called ‘revenge porn” legislation that makes the maliciously vituperative practice a misdemeanor crime was passed by the California Senate yesterday. The bill received only one no vote, from Senator Leland Yee (D-SF), who said that both he and the American Civil Liberties Union are “concerned the bill could interfere with free speech rights,” according to the AP.
Specifically, the bill states that “any person who photographs or records by any means the image of another, identifiable person without his or her consent who is in a state of full or partial undress in any area in which the person being photographed or recorded has a reasonable expectation of privacy, and subsequently distributes the image taken, where the distribution of the image would cause a reasonable person to suffer serious emotional distress would constitute disorderly conduct subject to that same punishment.”
The breakdown of the 37-1 vote was as follows:
Ayes: Anderson, Beall, Berryhill, Block, Calderon, Cannella, Corbett, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wright, Wyland
Noes: Yee
The bill also carries an emergency clause and is to take effect immediately upon being signed into law. Those convicted under it could receive up to a year in jail and a $1000 fine.
