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In Indiana, without any such law, Franks said it is even legal for someone to distribute images of an adult victim being raped.Underage victims are generally protected under child pornography laws, Franks added, but there is another side to those laws that can create a disincentive for reporting.
Lawmakers in North Carolina also are considering similar legislation.
The Cyber Civil Rights Initiative is one of the groups behind the growing number of new laws across the U. That action brought to 25 the number of states that now have laws protecting victims of “revenge porn,” according to Mary Anne Franks, CCRI’s Legislative & Tech Policy Director.
Franks said there also are First Amendment considerations, so her group suggests narrowly defining the illegal act to the unauthorized distribution of actual photographs or videos of an adult engaged in a sexual act or nude.
She said the law recently adopted in Illinois is a good model for other states.
At least 20 states have passed laws since 2014 criminalizing the unauthorized distribution or posting on the Internet of images of an adult in a state of nudity or in a sexual situation.