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Family and advocates back bill to criminalize uploading videos that promote or condone criminal acts after teen’s death

2521445 · March 6, 2025
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Summary

House Bill 12-82, introduced by Delegate Chris Tomlinson, would make it a misdemeanor to upload to social media a video of criminal conduct with intent to promote or condone it; witnesses said the measure responds to harms from viral recordings of assaults.

Delegate Chris Tomlinson presented House Bill 12-82, “Mackenzie’s Law,” asking the committee to make it a misdemeanor to upload a video of an action that is a crime under state or federal law to a social media application with intent to promote or condone the activity. The proposed penalty is a misdemeanor punishable by up to one year in jail or a fine up to $2,500.

Why it matters: The bill sponsor and witnesses framed the legislation as a narrowly targeted response to the spread of recorded assaults and harassment on social platforms that can amplify victims’ harm. Rachel Cash, mother of 14-year-old Mackenzie Ray, told the committee her daughter died in December 2022 following “the devastating mental health effects of cyberbullying” after bystanders recorded and circulated video of an attack: “She was humiliated, tormented, and trapped in a cycle of public shame,” Cash said.

Testimony considered interplay with existing law. Committee members noted Grace’s Law (earlier anti-bullying statute) and discussed whether current statutes could be applied to similar facts; sponsors said the bill is intended to be proactive and specifically criminalize uploading and promoting videos of criminal acts. Members asked about edge cases (for example, mutual fights or community-safety posts) and the sponsor said language could be refined to avoid criminalizing lawful or safety-related speech.

Outcome: The committee accepted testimony and did not take a vote during the hearing. Sponsors and witnesses offered to work with members to clarify language, including exceptions for lawful speech and investigations.