A couple of bills introduced in the Washington State House and Senate could give victims of revenge porn some restitution by making a person civilly liable for distributing intimate images of another intentionally and without consent.

Revenge porn is the online posting of explicit images of people without their permission.

The identical measures were introduced simultaneously earlier today by Rep. Tina Orwall, D-Des Moines, in the House, and by Sen. Mike Padden, R-Spokane Valley, in the Senate.

“Back in the day when intimate images were leaked, they’d appear in a magazine and the attention and audience was limited.  That was damaging to the victims, but not nearly as devastating as what they go through now with the internet making images easily published, easily viewed, and permanent in nature,” said Orwall.  “We must pass laws that protect the integrity, dignity and privacy of individuals whose personal and professional reputations are impacted, and who are harassed, threatened and bullied because an intimate photo of them was shared without their consent and through no fault of their own.”

The bills specify that a person would be liable if the intimate image distributed was obtained under circumstances where both parties understand that it was to remain private—as in the case of former lovers, and it was distributed with the intent to cause emotional distress, and the victim does suffer emotional distress as a result.

But a person would also be liable if the image was obtained without authorization or by exceeding authorized access from the victim’s property, accounts, messages, files, or resources. This includes not only hacking of someone’s intimate images, but also any other situation where a person gains unauthorized access to intimate images both in electronic form as well as actual physical photographs.

“My primary concern is that young people understand that it is not safe to take or share these types of images,” said Padden. “Distributing them, especially in a way that is intended to intimidate or harass someone, should never be acceptable. And when the image is of someone who is underage, it is essentially distributing child pornography. This bill is aimed at reducing this type of ‘revenge porn’ and holding those who commit these malicious acts accountable.”

Under these bills, anyone who distributes an intimate image of another is liable to the victim for the greater of $10,000 or actual damages. This makes $10,000 the minimum that may be awarded.

The victim would also receive reasonable attorneys’ fees and costs, and the court may award injunctive relief as necessary, such as requiring that the offending images be removed.

House Bill 1624 is expected to be referred to the House Judiciary Committee, and Senate Bill 5502 to the Senate Law and Justice Committee.