It's the first time Trumbull County is exercising Ohio's 3-year-old revenge porn law after 26-year-old Thomas Shepherd III of Girard is accused of posting nude photos of women without their consent. 

What is this revenge porn law that was passed back in 2019, and how does it protect victims? 21 News spoke with local attorneys and legislators behind this bill about its importance.

"It's presumed that this is an intimate thing, and you've been harmed by it," explained Attorney Justin Markota, a partner with Betras, Kopp & Markota. 

Whether someone shared an intimate image of you or a nude picture was taken without your consent, you may be a victim of revenge porn.

House Bill 497 passed in the 132nd General Assembly and went into effect in March of 2019. This was the companion bill to Mahoning County Court Judge Joe Schiavoni's legislation SB 251, which passed the Senate.

"When that partner gets mad, that's when the revenge bill kicks in," Schiavoni explained. "It's where that person knowingly sends it to somebody else and does it with intent to harm. That's the key; they don't have permission. This was ruining young women's lives where this picture was forever showing up, and you can't get it back. The bill even goes further to show that colleges, institutions, places of businesses can't use this against a person when they're applying."

The Buckeye State passed the bill back in the spring of 2019 in an effort to prosecute those who share non-consensual pornography. Markota said this legislation allows for civil action, permitting the victim to sue the offender for an injunction, temporary restraining order, damages, and attorney's fees.

Under the offense, a person is prohibited from knowingly disseminating an image of another if the person in the image is 18 years old or older; the person in the image can be identified either from the image or from information supplied by the offender displayed in connection with the image, the person in the image is in a state of nudity or engaged in a sexual act, the image is disseminated without the consent of the person in the image, and if the image is disseminated with intent to harm the person in the image,

The first offense is a third-degree misdemeanor, punishable by a jail term of up to 60 days and a fine of up to $500. If an offender commits a second offense, the violation is a second-degree misdemeanor, punishable by a jail term of up to 90 days and a fine of up to $750. If an offender commits a third or subsequent offense, the violation is a first-degree misdemeanor, punishable by a jail term of up to 180 days and a fine of up to $1,000.

"It is unique a criminal and civil law were formed together to help victims," Markota added. 

Schiavoni was a sponsor of the bill when he was in Senate. A gray area lies with what happens to the victim if this content is public. Depending on your employer, you could still be at fault.

"It does not lie with your employer," Markota explained. "That situation plays on employment law whether you're a union, an employment contract, or you're an at-will employee."

"Some employers might help the victim in assisting the prosecuting of the perpetrator," Schiavoni said."

Rep. Michele Lepore-Hagan also cosponsored the bill. She told 21 News, "women need the government to provide an avenue for options to protect them from someone disseminating images with the intent to harm them. Nobody has the right to control your body or the ownership of it without your consent."

Markota added if you believe you're a victim, you should first file a police report and let the legal process take over.

"The police investigate it and decide they want to bring charges, so you participate in the criminal case through a victim advocate," Markota explained. "We have them here in Mahoning County. At the conclusion of it, that's when you have your civil right to sue because there could be a conviction."

Markota explained pinpointing who created the problem and who committed a crime is an issue because it may not be someone you know. "That crime speaks to intent. So, if somebody had their account hacked, and someone else took it, it's not an intentional dissemination. There are layers to people that could be culpable."

"I'm glad it's finally being utilized locally," Schiavoni said. "Once it is utilized a few times, it may curb or may deter somebody from considering doing this."

Shepherd pleaded not guilty during his first court hearing and remains behind bars with a $100,000 bond. He's ordered no internet access or contact with minors and will be on house arrest if he gets out on bond. Click here for our in-depth story on the specific case.