Intentional distribution of non-consensual porn. Have you heard of it? Perhaps not by its full description, but you are likely familiar with the term "revenge porn," a type of online harassment that occurs when an ex-partner or even a hacker posts sexually explicit images of a person online without their permission.
It has been in the news in relation to several celebrities, including Mischa Barton, Taylor Swift, and, of course, the Kardashians. Whether we are talking about nude pictures on social media or so-called "celebrity sex tapes," the act of posting sexually explicit material online can be criminal.
But what exactly is revenge porn? Does it mean that someone wants revenge on another person and posts pornographic material containing them? Not quite. In fact, in many jurisdictions a perpetrator doesn’t even need to be exacting revenge on anyone. The distributor of the material need only intend to distribute the sexually explicit video or photograph with the intent to annoy or harass the victim without their consent.
To be clear, revenge porn is a form of cyber sexual harassment or, in some cases, cyberbullying, and should be taken very seriously, particularly if minors (those under the age of 18 years old) are the subject of the revenge porn. Penalties can be steep and civil lawsuits may also arise from posting these nonconsensual, pornographic materials including:
How Many States Have Revenge Porn Laws?
As of 2017, 38 states and the District of Columbia have specific laws outlawing distribution of revenge porn. However, revenge porn laws are still relatively new and the laws are continuing to develop. In order to be guilty of this crime in most states, the distributor must be sending out pictures or a video that are considered sexual in nature, such as showing the victim’s intimate body parts or engaging in a sexual act. Simply posting an unflattering picture of your ex in a bathing suit is not pornographic, absent any other circumstances, such as the victim’s genitalia being visible.
Prohibited Actions
While each state has different laws, most generally define the crime of revenge porn as any person, with the intent to harass or annoy another who:
Revenge Porn Laws by State
Below, you will find a list of states with revenge porn laws, including the District of Columbia. A person who is charged under a revenge porn statute may also be charged with other related crimes including cyber crimes, computer crimes, distribution of child pornography, and more. Also, it's important to note that in some states it is at the judge’s discretion to require the defendant to register as a sex offender if convicted.
State |
Statute |
Actions Prohibited |
Possible Penalties |
Alabama |
SB301 signed into law May 27th, 2017 |
Distribution of an intimate, private image, where depicted person has not consented to the transmission and the sender intends to harass or intimidate the depicted person. |
Class A misdemeanor, punishable by up to a year in jail. Subsequent offenses are Class C felonies, punishable by up to 10 years in prison. |
Alaska |
Publishing or distributing electronic or printed photographs, pictures, or films that show the genitals of the other person, or depict that person engaged in a sexual act. |
Class B misdemeanor, up to 90 days jail, a fine of $2,000. |
|
Arizona |
Intentionally disclosing the image of an identifiable person in a state of nudity or engaged in sexual activity, when the person has an expectation of privacy, with the intent to harm, harass, intimidate, threaten, or coerce the depicted person. |
Class 4 felony, punishable by 1.5 years in prison and a fine up to $150,000, possible registration as a sexual offender. |
|
Arkansas |
Distribution to a third party, a picture, video, image, or audio recording of another person in order to harass, frighten, intimidate, threaten, or abuse that person if the image or recording:
|
Class A misdemeanor, up to one year in jail, a fine of up to $2,500, or both. |
|
California |
|
Misdemeanor, up to six months in jail, fine up to $1,000. |
|
Colorado |
Posting or distributing through the use of social media or any web site any photograph, video, or other image displaying the private intimate parts of an identifiable person eighteen years of age or older with the intent to harass the depicted person and inflict serious emotional distress upon the depicted person. |
Class 1 misdemeanor, six-18 months in jail, mandatory fine of $10,000. |
|
Connecticut |
Unlawful dissemination of an intimate image with intent to cause harm and without the victim’s consent. |
Class A misdemeanor |
|
Delaware |
Delaware Code 1335, Title 11, (violation of privacy law) |
Posting a nude or sexually explicit photo or video of someone on the internet without their consent. |
Class G Felony if aggravating factors present. |
District of Columbia |
DC Code 22-2051 et. seq. |
Knowingly disclosing one or more sexual images of another identifiable person when:
|
Misdemeanor, maximum fine of $1,000 and/or 180 days in jail, or a felony, with a maximum fine of $12,500 and/or three years in prison. |
Florida |
Publishing a sexually explicit image of another person along with personal identifying information of the depicted person to a website without the depicted person’s consent, for no legitimate purpose, and with the intent of causing the depicted person substantial emotional distress. |
First degree misdemeanor, up to one year in jail, up to $1,000 in criminal fines. |
|
Georgia |
Knowing the content of a transmission or post, knowingly and without the consent of the depicted person:
|
Aggravated misdemeanor, but subsequent charges can be a felony punishable by one-five years prison, up to $100,000 fine. |
|
Hawaii |
Hawaii Revised Statutes 711-1110.9 |
Transmit nude photos of a person on the internet without their consent. |
Class C felony, up to five years in prison, fine. |
Idaho |
Video voyeurism Idaho Code 18-6609(2)(b) |
Intentionally or with reckless disregard disseminating, publishing or selling (or conspiring) any image or images of the intimate areas of another person or persons without the consent of such other person or persons and he knows or reasonably should have known that one or both parties agreed or understood that the images should remain private. |
Felony |
Illinois |
Illinois Criminal Code § 11-23.5 |
Intentionally publishing an image of another person:
|
Felony, one to three years in prison, and up $25,000 fine. |
Iowa |
House File Bill 526 currently pending |
Pending |
Pending |
Kansas |
Kan. Stat. § 21-6101(a)(8) (Breach of Privacy) |
Upload sexual photos or videos of another person without their permission.
|
First offense, presumptive probation, second offense, felony blackmail with up to six years in prison.
|
Louisiana |
Sharing (posting, distributing, or publishing on a computer device, computer network, website, or other electronic device or medium of communication) nude or partially-nude cell phone picture or video to without victim’s permission. |
Up to two years in jail and fine up to $10,000. |
|
Maine |
Transmitting sexually explicit photos of a person on the internet without their consent. |
Class D misdemeanor, up to one year in jail and a $2,000 fine. |
|
Maryland |
Intentionally placing on the internet, a photograph, film, videotape, recording, or any other reproduction of the image of the other person engaged in sexual contact:
|
Misdemeanor, up to two years in jail, fine of $500. |
|
Michigan |
MCL 750.145e |
Posting images or video recordings of a sexual nature online, without someone’s consent. |
Up to 93 days, fine of up to $1,000. Subsequent conviction would result in jail time of up to one year. |
Minnesota |
Intentionally disseminates a private sexual image of another |
Gross misdemeanor up to one year in jail and a $1,000 fine, felony if causes financial loss, intent to profit, intent to harass, posted to porn site, other factors. |
|
Nevada |
A person intentionally and electronically disseminates or sells an intimate image which depicts the other person and the other person:
|
One to four years in Nevada State Prison, fine of up to $5,000. |
|
New Hampshire |
N.H. Rev. Stat. § 644:9-a |
Nonconsensual dissemination of private sexual images with the intent to harass, intimidate, threaten, or coerce the depicted person. |
Felony |
New Jersey |
New Jersey Code § 2C:14-9 |
Making a nonconsensual recording that reveals another person’s "intimate parts" or shows the person engaged in a sexual act without consent. |
Felony, three to five years in prison, a fine not to exceed $15,000. |
New Mexico |
Unauthorized electronic distribution of sensitive images with the intent to:
|
Misdemeanor, second offense is a felony. |
|
North Carolina |
General Statutes Section 14-190.5A |
Knowingly disclosing a sexual image of another person with the intent to
|
Class H felony |
North Dakota |
Disclosing nude or sexual images of a person without the person's consent and with the intent to identify the person and cause harm. |
Class A misdemeanor |
|
Oklahoma |
Disseminating private sexual images of a person without that person’s consent. |
Misdemeanor, up to one year in jail, up to $1000 fine. |
|
Oregon |
A person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed through an internet website an identifiable image of the other person whose intimate parts are visible or who is engaged in sexual conduct; the person knows or reasonably should have known that the other person does not consent to the disclosure; the other person is harassed, humiliated or injured by the disclosure; and a reasonable person would be harassed, humiliated or injured by the disclosure. |
Class A Misdemeanor, Class C Felony if repeat offender. |
|
Pennsylvania |
Any sexually explicit image posted with the intent of causing the subject distress and without the consent of the victim. |
$5,000 fine and up to one year in prison. |
|
South Dakota |
No person may use or disseminate in any form any visual recording or photographic device to photograph or visually record any other person without clothing or under or through the clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. |
Class 1 misdemeanor, unless victim is 17 years old or younger, then Class 6 felony. |
|
Tennessee |
With the intent to cause emotional distress, a person distributes an image of the intimate part or parts of another identifiable person if:
|
Class A misdemeanor |
|
Texas |
Without the effective consent of the depicted person, the person intentionally discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct. |
Class A misdemeanor |
|
Utah |
Knowingly or intentionally distributing sexual images to any third party of another person without that person’s consent. |
Class A misdemeanor |
|
Vermont |
Nonconsensual dissemination of someone's nude or sexually explicit photograph or videotape. |
Up to two years prison and up to $2000 fine. |
|
Virginia |
Code of Virginia § 18.2-386.2 |
Disseminating sexual photos without the victim’s consent and with the malicious intent to coerce harass, or intimate that person. |
Class 1 misdemeanor, up to two years in prison, fine. |
Washington |
Intentionally and maliciously disclosing an intimate image of another person without their consent. |
See statute |
|
West Virginia |
Code of West Virginia §61-8-28a |
Intentionally display publicly, distribute or threaten to disclose sexually explicit or intimate images of someone else without their consent. |
Misdemeanor, fine up to $1,000 to $5,000 and up to a year in jail. |
Wisconsin |
Code of Wisconsin § 942.09 |
Distributing (without consent) an image of a "nude or partially nude person or of a person engaging in sexually explicit conduct." |
Misdemeanor, fine and possible jail. |
Note: State laws are always subject to change, usually through the enactment of new legislation but also through court decisions and other means. Contact an attorney or conduct your own legal research to verify the state laws you are researching.
Charged with a Cyber Crime? Get a Free Case Review
You don’t have to be a Kardashian to be prosecuted under a revenge porn law. If you or someone you know has been charged under these laws, be sure you have legal representation. There are a number of excellent attorneys out there who can assist you with a defense. Start the process today with a free case review from a local criminal defense attorney to learn more.
Contact a qualified criminal lawyer to make sure your rights are protected.