Massachusetts Revenge Porn and Nonconsensual Intimate Image Law

The 2024 Act to Prevent Abuse and Exploitation, the Federal TAKE IT DOWN Act, Deepfakes, and Criminal Defense

Until September 18, 2024, Massachusetts was one of only two states in the country without a specific criminal statute prohibiting the nonconsensual sharing of intimate images — commonly called revenge porn or image-based sexual abuse. That changed when Governor Maura Healey signed the Act to Prevent Abuse and Exploitation (Chapter 118, Acts of 2024) into law on June 20, 2024. The statute took effect on September 18, 2024 and created Massachusetts’s first criminal penalties specifically targeting nonconsensual intimate imagery, including images created by artificial intelligence.

Nine months later, President Trump signed the federal TAKE IT DOWN Act into law on May 19, 2025, creating a parallel federal criminal offense for nonconsensual intimate image distribution that applies alongside the Massachusetts statute. Massachusetts defendants now face potential prosecution under both state and federal law for the same conduct.

These statutes create serious criminal exposure for anyone accused of distributing intimate images without consent — and serious authentication and attribution challenges for defense counsel. Contact Serpa Law Office at 617.936.0201 for an immediate consultation.

The Massachusetts Statute: Chapter 118, Acts of 2024 — What It Criminalizes

The Act to Prevent Abuse and Exploitation added nonconsensual intimate image distribution as a form of criminal harassment under M.G.L. c. 265, § 43A, effective September 18, 2024. The statute makes it a criminal offense for any person to knowingly distribute visual material that depicts a nude or partially nude person, or a person engaged in sexual conduct, where:

• The person depicted is readily identifiable from the visual material or from the visual material in combination with the circumstances of its distribution
• The person depicted did not consent to the distribution of the visual material
• The distribution causes the depicted person physical harm, economic harm, or substantial emotional distress

A critical provision: under Chapter 118, consent to the creation of visual material does not constitute consent to the distribution of that material. This single sentence addresses the most common factual scenario in intimate image abuse cases — where images were originally taken with the depicted person’s consent during a consensual relationship and later shared without consent, typically following a breakup. The fact that the images were originally taken consensually is not a defense to their nonconsensual distribution.

What Constitutes “Visual Material” Under the Statute

“Visual material” under M.G.L. c. 265, § 43A and Chapter 118 includes photographs, videos, films, digital images, and any other visual recordings, whether in physical or electronic format. It encompasses:

• Authentic photographs and videos taken of a real person
• Screenshots of video calls or livestreams
• Digital images created or altered by artificial intelligence — AI-generated deepfakes that depict a real identifiable person in a nude, partially nude, or sexual context, even if the person’s body was not actually photographed
• Images sent privately between consenting individuals that are later shared without consent — the most common scenario in intimate image abuse cases

What Constitutes “Readily Identifiable”

The depicted person must be readily identifiable from the visual material itself or from the visual material in combination with the circumstances of its distribution. A person is readily identifiable if their face is visible, or if their identifying characteristics — tattoos, distinctive features, or accompanying text identifying them by name — make them recognizable. A deepfake that shows a real person’s face on a different body is readily identifiable as that person. An image shared with accompanying text naming the depicted person satisfies the identifiability requirement even if the face itself is obscured.

Penalties Under Chapter 118

The nonconsensual intimate image distribution offense is charged as a form of criminal harassment under M.G.L. c. 265, § 43A. Penalties:

• First offense: up to 2.5 years in a House of Correction and/or a fine of up to $10,000
• Second or subsequent offense: up to 2.5 years in a House of Correction and/or a fine of up to $15,000
• The fine ceiling for criminal harassment generally was also increased by Chapter 118 from $1,000 to $5,000 for first offenses and to $15,000 for subsequent offenses

Importantly, Chapter 118 specifically states that a victim may petition for a 258E harassment prevention order against a person who violates the nonconsensual intimate image statute. This means that a criminal prosecution under M.G.L. c. 265, § 43A and a civil 258E order proceeding can proceed simultaneously for the same underlying conduct.

Chapter 118’s Coercive Control Provisions: Changes to the 209A Definition of Abuse

Chapter 118 did more than create a revenge porn statute. It also amended the definition of “abuse” under M.G.L. c. 209A, § 1 to include coercive control — a pattern of behavior by which a person seeks to take away the liberty or autonomy of a family or household member. The coercive control addition to the 209A statute is directly relevant to revenge porn cases because the threat to distribute intimate images — threatening to post a former partner’s photographs unless they comply with demands — is now expressly recognized as a form of abuse under M.G.L. c. 209A, § 1.

This means that a person who threatens to distribute intimate images of a current or former domestic partner can now be the subject of a 209A abuse prevention order based on the threat alone — without any actual distribution having occurred. The 209A remedy is available in addition to, and independently of, the criminal charge under M.G.L. c. 265, § 43A.

Chapter 118 also extended the statute of limitations for certain domestic violence offenses from six years to fifteen years — a provision relevant to intimate image abuse cases that are not immediately reported.

Deepfakes and AI-Generated Intimate Imagery Under Massachusetts Law

Chapter 118 is one of the first Massachusetts criminal statutes to expressly address AI-generated visual material. The statute applies to images that realistically depict a real identifiable person in a nude, partially nude, or sexual context, even if the person’s actual body was never photographed — their face was digitally imposed on another person’s body using AI software. The legislature specifically recognized that these images are “equally traumatizing to victims” as authentic photographs.

The prosecution of deepfake intimate image cases in Massachusetts requires: (1) proof that the visual material was distributed; (2) proof that the depicted person is readily identifiable; (3) proof of non-consent; and (4) proof that the distribution caused physical harm, economic harm, or substantial emotional distress. Defense of deepfake cases requires forensic analysis of the digital evidence — examining whether the image was AI-generated, what software was used, what metadata the image contains, and whether the image was created and distributed by the defendant or by someone else with access to the relevant devices.

For the specific authentication challenges in deepfake cases see: How Massachusetts Courts Authenticate Deepfakes and AI Evidence in 2026, and Digital Search Warrants in Massachusetts.

The Federal TAKE IT DOWN Act: Signed May 19, 2025

The Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act — the TAKE IT DOWN Act — was signed by President Trump on May 19, 2025, creating parallel federal criminal liability for nonconsensual intimate image distribution. The TAKE IT DOWN Act amends Section 223 of the Communications Act of 1934 (47 U.S.C. § 223) and applies to the publication of intimate images through interactive computer services — social media platforms, websites, messaging applications, and any online service.

Federal Criminal Offenses Under the TAKE IT DOWN Act

The TAKE IT DOWN Act creates several distinct criminal offenses:

• Knowingly publishing an authentic intimate visual depiction of an adult without consent, with intent to harm or that causes harm: up to 2 years imprisonment and/or fines
• Knowingly publishing an authentic intimate visual depiction of a minor: up to 3 years imprisonment and/or fines
• Knowingly publishing a digital forgery (AI-generated deepfake) of an adult or minor depicting intimate conduct without consent: up to 2 years (adult) or 3 years (minor) imprisonment
• Threatening to publish authentic or AI-generated intimate images with intent to intimidate, coerce, extort, or cause mental distress: up to 2 years (adult authentic), 18 months (adult digital forgery), 3 years (minor authentic), or 30 months (minor digital forgery) imprisonment

The federal penalties are in addition to, and not a substitute for, state criminal liability under Chapter 118 and M.G.L. c. 265, § 43A. A Massachusetts defendant who shares a former partner’s intimate images on a social media platform faces simultaneous prosecution under both the Massachusetts criminal harassment statute and the federal TAKE IT DOWN Act. The federal criminal provisions took effect immediately upon signing on May 19, 2025.

The Notice-and-Removal Obligation for Platforms

The TAKE IT DOWN Act also requires covered platforms — public websites, online services, and mobile applications that host user-generated content — to establish a process by which individuals can request removal of nonconsensual intimate images. Platforms must remove reported images within 48 hours of receiving a valid request and delete any copies. The compliance deadline for covered platforms was May 19, 2026. Platform enforcement is handled by the Federal Trade Commission (FTC) — not the Department of Justice. A platform’s failure to comply is treated as an unfair or deceptive trade practice under the FTC Act.

For defendants: the notice-and-removal framework has important implications for evidence preservation. Once a platform receives a valid removal request, the images must be taken down. Defense counsel must move quickly to preserve evidence — through screenshots, platform preservation letters, and subpoenas to the relevant platform — before images are removed pursuant to a victim’s takedown request.

The Prior Massachusetts Framework: What Applied Before September 18, 2024

Before Chapter 118 took effect, prosecutors attempting to address nonconsensual intimate image distribution in Massachusetts were limited to:

• M.G.L. c. 272, § 105 (Photographing an Unsuspecting Person) — the “voyeurism” or “upskirting” statute, which applied only to images taken without consent. It did not reach images originally taken with consent that were later distributed without consent — the most common scenario
• M.G.L. c. 265, § 43A (Criminal Harassment) — the underlying statute now amended by Chapter 118, which required a course of conduct rather than a single act. Distributing intimate images once was not necessarily sufficient for criminal harassment before Chapter 118
• M.G.L. c. 272, § 29B and § 29C (Child Pornography) — applicable only where the depicted person was under 18. Adults had no equivalent statutory protection
• Civil remedies — a victim could sue for invasion of privacy under Massachusetts common law, but civil remedies require the victim to initiate and fund civil litigation and do not result in criminal penalties or CORI consequences for the defendant

Chapter 118 closed the gap that left adult victims without criminal recourse when intimate images taken consensually were distributed without consent. The pre-September 18, 2024 conduct gap is relevant in cases where the alleged distribution occurred before the statute’s effective date — Chapter 118 does not apply retroactively to conduct that predates September 18, 2024.

Common Defenses in Massachusetts Nonconsensual Intimate Image Cases

Defense 1: Consent to Distribution

The statute requires proof that the depicted person did not consent to the distribution of the visual material. Where the distribution was expressly or impliedly authorized by the depicted person — they shared the images publicly themselves, they gave permission for specific distribution, or they distributed the images to the same audience to whom the defendant distributed them — the consent element is not satisfied. Evidence of consent to distribution must be distinguished from consent to creation: the statute expressly provides that consent to creation is not consent to distribution. But express consent to distribution remains a complete defense.

Defense 2: The Depicted Person Is Not Readily Identifiable

The statute requires that the depicted person be readily identifiable from the visual material itself or from the visual material in combination with the circumstances of its distribution. An image that does not depict the person’s face, lacks identifying characteristics, and was not accompanied by any identifying information at the time of distribution does not satisfy the identifiability element. This defense is most available in cases involving heavily edited images or images from which the depicted person’s face has been removed or obscured.

Defense 3: No Causation of Harm

The statute requires that the distribution cause the depicted person physical harm, economic harm, or substantial emotional distress. Where the distribution was extremely limited in scope, was quickly removed before any significant audience viewed it, or where there is no credible evidence that the depicted person experienced the required harm, the causation element may not be established. Defense counsel examines the scope of distribution — who actually saw the images, for how long they were available, and what specific harm the depicted person experienced — to challenge whether the causation element is proven beyond a reasonable doubt.

Defense 4: The Attribution Defense — Whose Device, Whose Account

In digital image distribution cases, the prosecution must prove beyond a reasonable doubt that it was the defendant who distributed the images — not someone else who had access to the defendant’s device, account, or network. This is the attribution defense, and it is particularly important in cases involving shared devices, compromised accounts, or hacking. Defense counsel demands the complete digital evidence: the metadata of the images as distributed, the account access logs for the platform on which images were shared, the device’s browser and app history, and any evidence of third-party access to the relevant accounts or devices.

Under Riley v. California (573 U.S. 373, 2014), any search warrant for the defendant’s phone, computer, or online accounts must be supported by probable cause and describe with particularity the specific data to be examined. A warrant that authorizes a general search of all device contents is constitutionally deficient. Defense counsel moves to suppress digital evidence obtained through an overbroad warrant or without a warrant entirely. See: Digital Search Warrants in Massachusetts and Illegal Searches and Seizures in Massachusetts.

Defense 5: Authentication of AI-Generated Images

In deepfake cases, the prosecution must prove that the image is a real intimate depiction of the defendant — not an AI-generated fabrication created by the alleged victim or a third party and attributed to the defendant. The SJC’s 2026 digital evidence update requires specific authentication methodology for deepfake images: biometric inconsistency analysis, metadata examination, and model attribution analysis. Defense counsel engages digital forensics experts to examine whether the images are genuine photographs of the defendant, whether they are AI-generated images that someone else created and attributed to the defendant, and whether the metadata is consistent with the defendant’s devices and accounts. See: How Massachusetts Courts Authenticate Deepfakes and AI Evidence in 2026.

Defense 6: The Clerk-Magistrate Hearing

Many nonconsensual intimate image cases do not involve a warrantless arrest at the scene — they arise from a complaint filed days or weeks after the alleged distribution. In these cases, a clerk-magistrate hearing under M.G.L. c. 218, § 35A is available. A clerk-magistrate hearing denial means no arraignment, no public CORI entry, and no formal criminal charge — the most protective available outcome. For licensed professionals whose licensing boards treat any criminal charge involving dishonesty or sexual misconduct with maximum severity, and for university students whose academic standing is at risk from any criminal charge, the clerk-magistrate hearing is the first and highest-priority intervention. See: A Practitioner’s Guide to Massachusetts Clerk-Magistrate Hearings.

Does a Conviction Under Chapter 118 Require SORB Registration?

The nonconsensual intimate image distribution offense under M.G.L. c. 265, § 43A as amended by Chapter 118 is a criminal harassment offense. It is not on the list of offenses requiring mandatory Sex Offender Registry Board (SORB) registration under M.G.L. c. 6, § 178C as a sex offense requiring registration. However, SORB registration may be required if the conviction is accompanied by a finding that the offense involved a sexual motivation — which SORB may assert in a post-conviction classification proceeding. The SORB classification analysis is case-specific and depends on the specific facts of the offense as presented at the SORB hearing.

By contrast, a conviction under M.G.L. c. 272, § 29B or § 29C (child pornography) — which may apply if the depicted person was under 18 — does require mandatory SORB registration and can result in Level 2 or Level 3 classification with lifetime registration obligations. See: Sexual Assault and Rape Defense in Massachusetts.

Specific Populations: Professionals, Students, and Non-Citizens

Licensed Professionals

For licensed professionals — physicians, attorneys, nurses, engineers, and financial advisors — a charge under M.G.L. c. 265, § 43A for nonconsensual intimate image distribution triggers mandatory licensing board disclosure upon arraignment. The Board of Registration in Medicine (BORIM), the Board of Bar Overseers (BBO), and FINRA all treat criminal charges involving sexual misconduct or dishonesty as reportable disciplinary events. The CORI entry from an arraignment appears in background checks conducted by most licensing boards and employers regardless of the eventual outcome of the case. The clerk-magistrate hearing — which prevents arraignment entirely — is the most important protection for any licensed professional facing a charge under Chapter 118.

University Students

Nonconsensual intimate image distribution is an acute issue on university campuses — intimate images are frequently shared following breakups within the university community. For university students at Harvard, MIT, BU, BC, Northeastern, Tufts, and other Boston-area institutions, a charge under Chapter 118 triggers both a criminal proceeding and a parallel university disciplinary proceeding under the university’s Title IX policy. The campus proceeding operates under the preponderance of the evidence standard and can result in suspension or expulsion before the criminal case reaches a pretrial conference. Students accused of nonconsensual image sharing face simultaneous proceedings in two forums with different standards and different rules of evidence.

The courts where student-related nonconsensual intimate image cases most frequently appear are Cambridge District Court (Harvard, MIT, Lesley), BMC Central and Brighton (BU, Northeastern, Suffolk, Emerson), Newton District Court (BC), Somerville District Court (Tufts), and Waltham District Court (Brandeis, Bentley). See: College and University Student Criminal Defense.

Non-Citizens and Visa Holders

For non-citizens and visa holders, a conviction under M.G.L. c. 265, § 43A for nonconsensual intimate image distribution may constitute a crime of moral turpitude (CIMT) — a category of offense that can render a non-citizen inadmissible or deportable under 8 U.S.C. § 1182(a)(2)(A)(i) and 8 U.S.C. § 1227(a)(2)(A)(i). The CIMT analysis is charge-specific and depends on whether the offense necessarily involves moral turpitude under the categorical approach. For non-citizens, any proposed disposition — including a CWOF — must be reviewed for immigration consequences before acceptance. A CWOF on a criminal harassment charge constitutes a federal immigration conviction under 8 U.S.C. § 1101(a)(48)(A). See: Immigration Consequences of Massachusetts Criminal Charges.

Courts Where Serpa Law Office Handles Chapter 118 Cases

Nonconsensual intimate image cases under Chapter 118 and M.G.L. c. 265, § 43A are prosecuted in the District Court or BMC with jurisdiction over the location where the images were distributed or where the depicted person resides. Serpa Law Office handles these cases across Greater Boston:

• BMC Central Division — Suffolk County DA; Boston-based cases involving university students, financial district professionals, and the general Boston population; highest volume of domestic-relationship image distribution cases
• Cambridge District Court — Middlesex County DA; Harvard, MIT, and Lesley University student cases; Kendall Square technology professional cases
• Newton District Court — Middlesex County DA; BC campus-adjacent cases; Newton professional community cases
• Somerville District Court — Middlesex County DA; Tufts University cases; Somerville and Medford residential cases
• Waltham District Court — Middlesex County DA; Brandeis and Bentley campus cases; Route 128 technology professional cases
• Woburn District Court — Middlesex County DA; Burlington and Woburn technology corridor professional cases
• Dedham District Court — Norfolk County DA; Wellesley, Needham, and Westwood professional community cases
• Brookline District Court — Norfolk County DA; Longwood Medical Area physician and BU/BC off-campus housing cases
• Quincy District Court — Norfolk County DA; South Shore residential cases
• Hingham District Court — Plymouth County DA; South Shore professional and residential cases
• Framingham District Court — Middlesex County DA; MetroWest community and international student community cases

Cases involving deepfakes distributed through major platforms — Instagram, Snapchat, Reddit, or dedicated pornography sites — may attract federal attention from the FBI’s Cyber Division and be prosecuted in the United States District Court for the District of Massachusetts under the federal TAKE IT DOWN Act.

Victim Remedies Under Chapter 118 and the TAKE IT DOWN Act

Chapter 118 provides victims of nonconsensual intimate image distribution with several remedies beyond the criminal prosecution:

• Criminal prosecution: the DA’s Office can prosecute the offender under M.G.L. c. 265, § 43A without the victim’s active participation — the same no-drop prosecution approach applied to domestic violence charges
• 258E harassment prevention order: a victim may petition for a civil 258E harassment prevention order against the person who distributed the images, prohibiting further distribution and contact
• 209A abuse prevention order: if the offender and victim have a qualifying domestic relationship, a 209A order is available based on the coercive control amendment to M.G.L. c. 209A, § 1 that Chapter 118 enacted — including cases where the threat to distribute images (not just the distribution itself) is the basis for the order
• TAKE IT DOWN Act platform removal: a victim may submit a takedown request to any covered platform — social media site, website, or app — requiring removal within 48 hours under the federal TAKE IT DOWN Act. The platform has no discretion to decline a valid request
• Civil litigation: a victim may bring a civil action for invasion of privacy, intentional infliction of emotional distress, or under the federal civil remedy for nonconsensual image distribution under the Violence Against Women Act (VAWA), 15 U.S.C. § 6851

See also: Sexual Assault and Rape Defense in Massachusetts, Massachusetts 258E Harassment Prevention Orders, 209A Abuse Prevention Orders, How Massachusetts Courts Authenticate Deepfakes and AI Evidence in 2026, Digital Search Warrants in Massachusetts, Your Fifth Amendment Right to Refuse a Passcode in Massachusetts, Criminal Defense for Licensed Professionals in Massachusetts, College and University Student Criminal Defense, and Immigration Consequences of Massachusetts Criminal Charges.

Contact Serpa Law Office at 617.936.0201 for an immediate confidential consultation. Boston office: 20 Park Plaza #400A. Quincy office: 500 Victory Rd., Suite 400A. Available 24 hours a day.