In one paragraph
Massachusetts Chapter 118 of the Acts of 2024 criminalizes non-consensual distribution of intimate images, including fabricated ones. Under G.L. c.265 s.43A(b), knowingly distributing visual material, including material produced by "digitization" (creating or altering images, including through computer-generated images, so they falsely appear authentic), that shows an identifiable person nude, partially nude or in sexual conduct, with intent to harm or reckless disregard of harm or lack of consent, is criminal harassment. The act also creates an Attorney General sexting diversion program.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Platforms and AI image tools hosting or enabling fabricated intimate images of identifiable people face criminal-harassment exposure for users who distribute them; consent to create is not consent to share.
Key provisions
- G.L. c.265 s.43A(b): defines digitization as creating or altering visual material, including with computer-generated images, so it falsely appears to be an authentic representation of the person
- Knowingly distributing nude, partially nude or sexual visual material of an identifiable person, including digitized material, with intent to harm or reckless disregard of harm or lack of consent, is criminal harassment
- Punishable by up to 2.5 years in a house of correction, a fine of up to $10,000, or both
- Consent to the creation of visual material is not consent to its distribution; court records of the material are impounded
- New G.L. c.12 s.36: Attorney General educational diversion program for minors, covering responsible use of visual material digitization
Latest legislative action
Jun 20, 2024. Signed by the Governor, Chapter 118 of the Acts of 2024
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error