AURORA — Two Portage County cops are helping a state lawmaker push for a new law aimed at punishing the exploitation of Ohioans whose private photos or videos wind up online thanks to others out to embarrass or harass them.
Aurora Police Chief Bryan Byard and Detective Sgt. Dan Kalk went to Columbus last month and stood with victims of so-called "revenge porn" who were there to support State Sen. Joe Schiavoni’s legislation criminalizing the online distribution of sexually explicit images of another person without their consent in order to harass them or get revenge.
Revenge porn often is committed by former romantic partners, or sometimes hackers who break into phones or computers and steal private pictures or video. Such images posted online are nearly impossible to remove from the internet.
Most victims are women. And while the sharing of nude images of children can be charged under state or federal child pornography laws, most adults have fewer legal protections.
Kalk helped craft the bill after Aurora police had trouble finding the right crime to charge those who allegedly share revenge porn. Those who blackmail others into paying money or submitting to sexual activity in exchange for not having their photos made public can be charged with extortion, but those who commit the crime out of sheer revenge are more difficult to prosecute, Kalk said.
And while more than 30 states have revenge porn laws, Ohio isn’t one of them.
Revenge porn purveyors "know the law," said Kalk, a 36-year police veteran and current supervisor of the Aurora police Detective Bureau. "In some of our cases, we’ll interview a suspect, and they’ll say ‘Hey, there’s no revenge porn law in Ohio. There’s nothing you can do to me just because I put it up on the internet.’"
"We have had cases like this come up periodically in Aurora," Byard said. "It’s something that is one of those situations where laws have to keep up with the internet and social media ... and laws just weren’t on the books."
Kalk, however, is a kind of secret weapon: He’s also a licensed attorney who keeps tabs on the latest changes and updates to the law.
"I keep up on all the latest trends as a lawyer, even though I don’t practice law. Because of that I know a lot of things going on that an average police officer wouldn’t," he said.
After hearing the state senator was working on legislation to change the law, Kalk reached out to Schiavoni’s office and offered to help work on the bill. A previous attempt by Schiavoni (D-Boardman) to introduce the legislation in 2016 failed.
Kalk said attorneys and police know there are multiple issues at work when it comes to policing revenge porn, Kalk said. One is jurisdiction, meaning who has the power to investigate or prosecute a crime depends on where it occurs. The proposed law would simplify this, he said.
"For example, if I punch you, I would be prosecuted in Aurora. But what if I do something bad to you over the internet? Am I prosecuted in the city where you live, or where I live? Or where you opened your email and saw it?" he said. "It’s sometimes hard to find the venue."
Additionally, the law will forbid employers from firing victims of revenge porn. As strange as it sounds, this can happen if a victim works for an employer so concerned with its image that it can’t stomach an employee’s nude or compromising photos appearing online, Kalk said.
"What if a victim was a teacher and some parents found out and got upset?" he said. "This new law will prohibit employers from firing victims."
Schiavoni also intends for the bill to prevent universities from discriminating against victims, so they wouldn’t lose scholarships or grants.
Kalk said victims also suffer psychological damage, lost wages and "ramifications people don’t even consider." He credited Byard and Aurora Mayor Ann Womer Benjamin with being supportive and receptive to his efforts and fighting for victims.
"Because we are a suburban community and don’t have a million smaller crimes like bigger cities, we’re able to devote more time and energy to quality of life crimes where the impact is just as devastating," he said. "And Mayor Benjamin is a lawyer, so she understands the venue and jurisdiction issues. She knows how difficult it is for victims."
Byard said he hopes the law will be an "enhanceable" offense that increases in seriousness each time it is charged.
"The people who do this don’t just do it once, they continue to do it," Byard said. "They prey on young, vulnerable people, so it’s one of those things you need enhancements on and it increases the penalty each and every time."
Both officers intend to head to Columbus in the future and be available to testify if they are needed to convince lawmakers of the bill’s importance, they said.
"If it’s a close (vote) they’ll bring us down in uniform to bring a different perspective," Byard said.
"This is a passion for me," Kalk said, "to help victims who can’t protect themselves. I love helping the children and elderly, but this is a whole new class of victims with suspects hiding behind a keyboard and the internet."
Reporting from the Columbus Dispatch was used in this story.
Reporter Dave O’Brien can be reached at 330-298-1128, dobrien@recordpub.com or @daveobrien_RC.