Is Revenge Porn a Crime? Federal & State Revenge Porn Laws Explained Featured Image

Is Revenge Porn a Crime? Federal & State Revenge Porn Laws Explained

Non-consensual pornography, or “revenge porn,” is a serious form of image-based sexual abuse. It’s not really about revenge or pornography, but it is about control over and entitlement to the victim’s body and life. It is never your fault if someone posts or shares your intimate images without your consent. You are a victim of a crime and have rights.

If your intimate images have been shared online without consent, you’re not alone – and you have rights. Revenge porn is now illegal in nearly every state. In this comprehensive guide, we’ll walk you through the revenge porn laws you can use to get justice, state by state. Learn what’s prohibited, potential criminal and civil penalties, and most importantly – steps you can take right now. As leaders in fighting online abuse, we’re here to help you protect your rights and rebuild your life.

What are Revenge Porn Laws?

Generally speaking, revenge porn laws make it illegal to share someone’s intimate images or videos without permission. While there’s no federal criminal law yet, 49 states and D.C. criminalize revenge porn. Penalties include jail time and fines. Victims may also have a federal civil cause of action and can sue for damages.

What is Revenge Porn? A Definition

Revenge porn, also known as nonconsensual pornography, is the sharing of someone’s intimate photos or videos without their consent. It’s a cruel form of sexual abuse that violates the victim’s privacy and trust. People who share other’s intimate images without consent may use revenge porn to harass, coerce, blackmail or humiliate victims. But regardless of motive, distributing explicit images without permission is never acceptable.

This disturbing practice has become alarmingly common in the digital age. 1 in 12 adults has been a victim of nonconsensual pornography. People of all genders and sexual orientations can be victims of revenge porn. From celebrities to everyday people, no one is immune. Kim Kardashian, Rihanna, Jennifer Lawrence are just a few celebrities who are survivors of revenge porn. In 2019, US Representative Katie Hill resigned from Congress after an ex-partner allegedly leaked her nude photos.

Revenge porn inflicts devastating damage on victims’ mental health, reputation, and safety. Victims may suffer emotional distress, humiliation and fear. They may lose jobs and relationships. They may be stalked or harassed as a result of their images spreading online. Revenge porn is a malicious violation of privacy and consent – and increasingly, a crime with serious consequences.

State Revenge Porn Laws generally only address cases where the victim is 18 years or older. If the victim is under the age of 18, states will address any posting of intimate content under their child pornography laws.

State Revenge Porn Laws

Alabama

Alabama Code Section 13A-6-240 et seq. Prohibits a person from knowingly distributing (e.g., posting, emailing, texting) private images without the consent of the depicted persons if the person(s) believed the images would remain private.

  • Violators face Class A misdemeanor charges for a first offense and Class C felony charges for subsequent offenses.
  • Alabama’s law includes deep fakes – it prohibits disseminating recordings that have been edited, altered, or manipulated without the victim’s consent.

Alaska

Under Alaska Statute 11.61.120, revenge porn is considered a form of harassment. It is illegal to publish or distribute nude or sexually explicit images of another person with the intent to harass or annoy them.

  • This crime is a Class B misdemeanor.

Arizona

Arizona Revised Statutes 13-1425 makes it unlawful to intentionally share images of another person’s intimate content without their consent if the disclosure is intended to harm, harass, intimidate, threaten, or coerce the depicted individual, the individual can be identified in the picture or information posted with the picture and the depicted person believed that the image would be kept private.

  • If the images are disclosed by electronic means (texted or shared online), then this crime is a Class 4 felony.
  • If a person threatens to disclose intimate images but does not share them, then they may be charged with a Class 1 misdemeanor.
  • In all other cases, Arizona classifies revenge porn as a Class 5 felony.
  • Arizona allows victims of revenge porn to file civil lawsuits pursuant to A.R.S. § 12-741.

Arkansas

Arkansas Code 5-26-314 applies to the nonconsensual sharing of nude or sexually explicit content of current or former family members or romantic partners with the purpose of harassment, fright, intimidation, threat, or abuse.

  • This offense is categorized as a Class A misdemeanor.
  • A.C.A. § 16-129-103 allows victims of revenge porn to file a civil lawsuit if they are identifiable in the intimate content, suffer harm from the intentional disclosure, did not consent to the disclosure, and reasonably expected the content to be kept private

California

California Penal Code 647(j)(4) criminalizes the intentional distribution of intimate content where the victim is identifiable and suffers severe emotional distress if the offender distributed the images under circumstances where a reasonable person would believe that such images would be kept private and the offender knew or should have known that their actions would cause the victim severe emotional distress.

  • Penalties may include up to one year in county jail and/or a fine of up to $2,000.
  • Victims also have the right to bring a private revenge porn civil action against the perpetrator under California Civil Code 1708.85 if their intimate content was intentionally distributed without their consent, they suffered damages, and the offender knew or should have known that the victim reasonably expected that the content would remain private.

Colorado

C.R.S. 18-7-107 makes it a crime for another person to post or distribute on social media or any website another identifiable person’s intimate content without consent (or under circumstances where the depicted person reasonably expected the images would be kept private) with the intent to harass, intimate or coerce the victim if the posting causes the victim serious emotional distress. C.R.S. 18-7-108 makes it a crime for another person to post on social media or any website another identifiable person’s intimate content without consent (or under circumstances where the victim reasonably expected the images would be kept private) with the intent of obtaining pecuniary benefits as a result of posting, viewing or removing the content.

  • Both forms of revenge porn are a Class 1 Misdemeanor.
  • Under C.R.S. 13-21-1403, the victim may sue if they suffer harm from the intentional or threatened disclosure of private content that was distributed without their consent.

Connecticut

Connecticut General Statutes Section 53a-189c prohibits the intentional distribution of private sexual images without consent that causes harm to the person depicted.

  • It is classified as a Class A misdemeanor.

Delaware

11 DE Code § 1335(a)(9) criminalizes the act of knowingly disseminating intimate content without the consent of the victim when the victim reasonably expected the images to be kept private.

  • Violation of Delaware’s Revenge Porn Law is a Class A misdemeanor. If there are aggravating factors present (e.g., the offender knew the victim did not consent, the offender profits from the content, the offender intended to harass or alarm the victim, the offender displays the victim’s personally identifiable information with the content), then the crime is classified as a class G felony. offense and a Class G felony for subsequent offenses.

District of Columbia

There are three revenge porn crimes in DC.

  • Unlawful Disclosure: It is a crime in DC to knowingly disclose an identified or identifiable person’s intimate content when they did not consent to the disclosure, the content is shared with one to five people, the defendant knew or consciously disregarded a substantial risk that the depicted person did not consent, and the disclosure was made with the intent to harm the victim or receive a financial benefit.
    • Unlawful disclosure is a misdemeanor offense.
  • First-Degree Unlawful Publication: It is a crime in DC to knowingly disclose an identified or identifiable person’s intimate content to six or more people if the offender disregarded a substantial risk that the depicted person did not consent and disclosure the images with the intent to harm the victim or receive a financial benefit.
    • First-degree unlawful publication is a felony offense.
  • Second-Degree Unlawful Publication: It is a crime in DC to knowingly publish an intimate image where the depicted person did not consent to its publication, can be identified in the content, and the publisher knew or consciously disregarded a substantial risk that the image was originally disclosed without the depicted person’s consent with the intent to cause harm to the depicted person or receive financial gain
    • Second-degree unlawful publication is a misdemeanor.

Florida

Florida Statutes Section 784.049 prohibits sexual cyberharassment, which is defined as publishing on a website or otherwise sending through electronic means the sexually explicit images of an identified or identifiable person without their consent and contrary to their reasonable expectation of privacy with the intent to cause them substantial emotional distress. .

  • This offense is a first-degree misdemeanor for a first violation and a third-degree felony for subsequent violations.
  • Victims may also file a civil suit against the perpetrator for injunctive relief and monetary monetary damages.

Georgia

Under Georgia Code Section 16-11-90, it is illegal to knowingly send or post intimate content without a person’s consent with the intent to harass them or cause them financial loss.

  • Georgia’s law explicitly protects victims of deep fake pornography.
  • A person who posts intimate content without the other’s consent to websites, file sharing sites, thumbnail galleries, live webcam sites, online message boards, or similar sites may be found guilty of a felony offense.
  • A person who texts, emails, or otherwise sends intimate content is guilty of a misdemeanor of high and aggravated nature for a first-time offense.
  • Criminal penalties increase for subsequent offenses.

Hawaii

Hawaii Revised Statutes 711-1110.9 covers the offense of violation of privacy in the first degree, which includes threatening or knowingly disseminating intimate images of an identifiable person without their consent and with the intent to cause substantial harm to their health, safety, business, career, calling, education, finances, reputation, personal relationships or as an act of revenge.

  • Hawaii’s law also makes it a crime to intentionally create, threaten to disclose, and/or actually disclose deep fake pornography depicting a known person without their consent and with the intent to cause them substantial harm.
  • Offenders face Class C felony penalties.

Idaho

Idaho Code 18-6609(2)(b) addresses video voyeurism, criminalizing the intentional dissemination, publication, or sale of intimate images or videos of another identified or identifiable person without consent under circumstances where the individual has a reasonable expectation of privacy. The person who disseminated, published, or sold the intimate images must have acted with the intent to annoy, threaten, terrify, intimate, harass, offend, humiliate, or degrade the depicted person.

  • This is a felony offense.

Illinois

Section 11-23.5 of the Illinois Criminal Code Prohibits the nonconsensual dissemination of private sexual images when the perpetrator knows or should have known the person depicted did not consent to the sharing and reasonably expected the images to have been kept private.

  • This Class 4 felony carries penalties of one to three years in prison and/or a fine of up to $25,000.
  • Victims of revenge porn can also sue for monetary damages and injunctive relief in Illinois under 740 ILCS 190/5.

Indiana

Under Indiana Code 35-45-4-8, the nonconsensual distribution of an intimate image is a Class A misdemeanor for a first offense and a Level 6 felony for a second or subsequent offense.

  • Additionally, Indiana allows civil actions for disclosing nonconsensual pornography under Indiana Code 34-21.5-3-1 if the offender created or obtained the intimate images under circumstances where a reasonable person would understand the images to remain private, under false pretenses or without authorization to access the account (e.g., hacking) and disclosed the images with the intent to harass, intimidate, threaten, coerce, embarrass, profit from at the existence or cause physical, principal or serious emotion injury to the person who is depicted. The victim must show that the offender knew or acted with reckless disregard as to whether the victim is identifiable and did not consent to the disclosure of the image.

Iowa

Iowa Code 708.7 addresses harassment, which includes the nonconsensual sharing of intimate images of an identifiable individual.

  • A person who violates Iowa Code 708.7(1)(a)(5) is required to register as a sex offender.
  • Iowa’s law includes criminalizing pornographic deep fakes of a recognizable person.
  • Iowa Code § 659A.2 empowers a victim of revenge porn to sue in civil court if they suffer harm as a result of their intimate content that they reasonably believed to remain private was posted or shared without their consent and if they can be identified.

Kansas

Kansas Statutes Annotated 21-6101(8) defines breach of privacy, in part, as disseminating an identifiable individual’s private intimate images without their consent with the intent to harass, threaten, or intimidate them. This is a severity level 8-person felony for first-time offenses and a severity level 5-person felony for subsequent offenses.

Kentucky

Kentucky Revised Statutes 531.120 criminalizes the intentional distribution of sexually explicit images without the written consent of the person depicted if done so with the intent to profit or to harm, harass, intimidate, threaten, or coerce the victim.

  • Disseminating such material for profit is a Class D felony for the first offense and a Class C felony for each subsequent offense.
  • Otherwise, it is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.

Louisiana

Louisiana Revised Statutes 14:283.2 prohibits the nonconsensual disclosure of a private image, defined as sharing an identifiable person’s intimate body parts or engagement in sexual acts when the offends knows or should have known the depicted individual expected privacy and did not consent to the disclosure of the content but disclosed it nevertheless to harass or cause emotional distress to the victim.

  • Louisiana’s revenge porn statute applies in cases where the depicted person is 17 years of age or older.
  • Penalties include a fine of up to $10,000 and/or imprisonment for up to two years.

Maine

Maine Criminal Code Title 17-A Section 511-A covers the unauthorized dissemination of certain private images. This crime involves knowingly disseminating, displaying, or publishing nude or sexually explicit images of another identifiable person without their consent for purposes of harassing, tormenting, or threatening them or another person.

  • It is classified as a Class D crime.

Massachusetts

There is currently a bill pending in Massachusetts that will make disseminating intimate content of another person without their permission a crime. However, there are currently no laws against revenge porn in Massachusetts.

Maryland

Maryland Criminal Code Section 3-809 prohibits the distribution of intimate content of another identifiable person without their consent if they knowingly distributed the content with the intent to harm, harass, intimidate, threaten, or coerce the victim and under circumstances where the victim reasonably expected that the images would be kept private.

  • This misdemeanor offense carries penalties of up to two years imprisonment and/or a fine of up to $5,000.

Michigan

Under Michigan Compiled Laws Section 750.145e, it is illegal to intentionally distribute intimate content without the consent of an identifiable person who is depicted when the distributor knows or reasonably should know the victim expected the images to remain private and intended to threaten, coerce or threaten the victim.

  • A first offense is a misdemeanor punishable by up to 93 days in jail and/or a fine up to $500. Subsequent violations increase the potential penalties.

Minnesota

Minnesota Statutes 617.261 criminalizes the intentional nonconsensual dissemination of private intimate content where the victim is identifiable and had a reasonable expectation that the content would remain private.

  • Violation of Minnesota’s revenge porn law is a misdemeanor offense.
  • However, an offender may face 3 years imprisonment and/or a fine of $5000 if the victim suffered financial loss, they disseminated it with the intent to profit, they maintain a website, app, or service for the purpose of disseminating images, they posted the image on a website, they disseminated the image with the intent to harass the person depicted, they stole (including through hacking) the content, or they have previous convictions.
  • Victims also have the right to bring a civil action against the perpetrator under Minnesota Statute 604.31.

Mississippi

Mississippi Code Section 97-29-64.1 prohibits disclosing intimate material of another person without their consent with the intent to cause them harm if the content reveals the victim’s identity, the victim had a reasonable expectation of privacy, and the victim was harmed by the disclosure. Mississippi also criminalizes threats to disclose intimate content where the offender makes the threat to obtain a benefit.

  • The first offense is a misdemeanor, punishable by a maximum of 6 months of imprisonment and/or a fine not exceeding $1000.
  • Subsequent violations are felony offenses punishable by a maximum of one year imprisonment and/or a fine not exceeding $2000.

Missouri

Missouri Revised Statutes 573.110 criminalizes the intentional nonconsensual dissemination of the intimate content of an identifiable person when they reasonably expected their content to remain private. Missouri treats the nonconsensual dissemination of private sexual images as a class D felony.

  • Threats to disclose another’s intimate content without their consent is a class E felony in Missouri if the offender gains or attempts to gain anything of value or is coercing or attempting to coerce the victim.
  • Missouri has a separate cause of action that empowers victims of revenge porn to sue for monetary damages.

Montana

Montana Code Annotated 45-8-213(1)(d) includes the nonconsensual distribution of an identifiable person’s intimate images with the intent to terrify, intimate, threaten, harass, or injure them among the privacy in communications offenses.

  • A first-time offense is punishable by a maximum fine of $500 and/or a maximum 6-month prison term.
  • A second conviction is punishable by a maximum fine of $1000 and/or a maximum 1 year prison term.
  • A third or subsequent conviction is punishable by a maximum fine of $10,000 and/or a maximum 5-year prison term.

Nebraska

Under Nebraska Revised Statutes28-311.08, the knowing distribution of another person’s intimate images without their consent is unlawful if the depicted person had a reasonable expectation that the images would be kept private.

  • A first violation is a Class I misdemeanor, while subsequent violations are Class IV felonies.
  • Nebraska also allows for civil actions in cases where the offender intentionally distributes or threatens to distribute intimate images without the consent of a victim who can be identified in the content, reasonably expected the images to remain private, and suffers harm as a result of the images being distributed under Nebraska Revised Statute 25-3503.

Nevada

Nevada Revised Statutes 200.780 criminalizes revenge porn when a person distributes the intimate images of another without their consent with the intent to harass, harm, or terrorize them and when the depicted person reasonably expected that the images would remain private.

  • Revenge porn is a Category D felony in Nevada.
  • It is also a Category D felony to demand money or anything else of value in exchange for removing the image from public view.

New Hampshire

New Hampshire Revised Statutes 644:9-a criminalizes the nonconsensual dissemination of private intimate images when a person purposefully disseminates sexual images of another identifiable person without their consent and under circumstances where the victim had a reasonable expectation of privacy with the intent to harass, intimidate, threaten or coerce the victim.

  • A Violation of Privacy is a Class A misdemeanor.
  • Nonconsensual dissemination of private sexual images is a Class B felony.
  • Currently, there is a bill pending in New Hampshire that would criminalize deep fake pornography.

New Jersey

N.J.S.A. 2C:14-9 prohibits the nonconsensual disclosure of images of another person’s intimate content if the victim reasonably expected the content to remain private and did not consent to the disclosure.

  • Violators face third-degree crime charges.
  • New Jersey also allows victims to bring civil actions against the person who disclosed their images without their consent under N.J.S.A. 2A:58D-1 to seek damages and injunctive relief.

New Mexico

Under New Mexico, Statutes 30-37A-1 criminalizes revenge porn when the distributor makes the victim’s intimate images available without the victim’s consent with intent to (a) harass, humiliate or intimate the victim, (b) incite another person to harass, humiliate or intimidate the victim, (c) cause the victim to reasonably fear for their own safety or a family member’s safety, (d) cause the victim to suffer unwanted physical contact or injury OR (e) cause victim to suffer substantial emotional distress.

  • The unauthorized distribution of sensitive images is a misdemeanor for a first offense and a fourth-degree felony for subsequent offenses.

New York

New York Penal Law 245.15 prohibits the unlawful dissemination or publication of an intimate image without the victim’s consent when the victim had a reasonable expectation that the image would remain private, the defendant knew or reasonably should have known the depicted person intended the image to remain private and the defendant disseminated or published the content with the intent to cause the victim harm.

  • The offense is a Class A misdemeanor punishable by up to one year in jail or three years probation and a fine of up to $1,000.
  • New York also provides a private right of action for victims to sue perpetrators for damages under Civil Rights Law Section 52-b.
  • New York provides criminal penalties and a civil cause of action for victims of deep fake pornography.

North Carolina

North Carolina General Statutes 14-190.5A criminalizes the knowing disclosure of an identifiable person’s private images without the victim’s affirmative consent with the intent to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.

  • It is a Class H felony for adult defendants It is a misdemeanor for minors committing a first offense but is a felony offense upon a subsequent conviction.
  • Victims may seek penalties, damages, and destruction of illicit images through civil actions.
  • A victim may bring a civil cause of action for revenge porn in North Carolina no more than one year after the initial discovery of the disclosure but in no event may commence the action more than seven years from the most recent disclosure of the private image.

North Dakota

N.D. Cent. Code §12.1-17-07.2 criminalizes the distribution of intimate images without or against consent if the victim had a reasonable expectation of privacy that the images would remain private and suffered actual emotional distress or harm as a result of the disclosure.

  • Distribution of an intimate image is a Class A misdemeanor.
  • North Dakota enables revenge porn victims to sue under N.D. Cent. Code § 32-49-02. A lawsuit for unauthorized disclosure of intimate images may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.

Ohio

Ohio Revised Code 2917.211 prohibits the nonconsensual dissemination of private sexual images if the victim can be identified from the image or information shared with the images and the defendant shared the image with the intent to harm the victim.

  • Ohio makes it a third-degree misdemeanor for a first offense, with increasing the penalties for subsequent offenses.
  • Victims can sue the perpetrator for damages and obtain a court order prohibiting them from further disseminating the images.

Oklahoma

Oklahoma Statutes 1040.13b criminalizes the intentional and nonconsensual dissemination of another identifiable person’s intimate content if a reasonable person would know or understand that the images were to remain private and knew or understand that the dissemination of the images would harass, intimidate, or coerce the victim.

  • Oklahoma makes the nonconsensual dissemination of private sexual images a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000.

Oregon

Under Oregon Revised Statutes 163.472,. Criminalizes knowingly causing the dissemination of intimate images of another person without their consent and with the intent to harass, humiliate, or injure them when such dissemination would cause a reasonable person to suffer these harms.

  • The unlawful dissemination of an intimate image is a Class A misdemeanor for a first-time offense and a Class C felony for subsequent offenses.
  • Revenge porn victims can sue under ORS 30.833.

Pennsylvania

18 Pa.C.S. § 3131 criminalizes the unlawful dissemination of an intimate image of a current or former sexual or intimate partner without consent and with intent to harm, annoy, or alarm the victim.

  • The unlawful dissemination of an adult’s intimate images is a second-degree misdemeanor. However, cases of revenge porn involving a victim who is under 18 is a first-degree misdemeanor.
  • Pennsylvania also allows civil actions under 42 Pa. C.S. § 8316.1 to recover damages for losses or injuries resulting from the unlawful dissemination of intimate images..

Rhode Island

Rhode Island General Laws 11-64-3 prohibits the intentional disclosure, publication, or sale of the intimate content of another identifiable person without their consent and with reckless disregard for the likelihood that the victim will suffer harm or with the intent to harm, intimidate, threaten or coerce the victim when there was a reasonable expectation the images would remain private.

  • The first offense is a misdemeanor, while subsequent offenses are felonies. It is also a felony to threaten to disclose the images in return for a benefit not to disclose the intimate content or to demand anything of value to remove the victim’s intimate images.

South Carolina

South Carolina is the only state that does not have a law criminalizing revenge porn.

South Dakota

South Dakota Codified Laws Section 22-21-4 criminalizes the knowing or intentional sale or dissemination of intimate content without consent and with the intent to self-gratify, harass, embarrass, and invade the victim’s privacy.

  • It is a Class 1 misdemeanor. However, if the victim is 17 or younger and the perpetrator is at least 21, it revenge porn is classified as a Class 6 felony.
  • South Dakota criminal law includes deep fake pornography.
  • South Dakota enables victims of nonconsensual pornography to sue for damages if they did not consent to the disclosure of their intimate images; the images were private, and they are identifiable. A victim may bring a lawsuit within six years of discovering that their private intimate images have been disseminated.

Tennessee

Under Tennessee Code 39-17-318, it is unlawful to distribute an image of an identifiable person’s intimate content without their consent and with the intent to cause them emotional distress when the parties agreed or understood that the image would remain private and the victim suffers emotional distress.

  • This Class A misdemeanor offense is punishable by up to 11 months and 29 days in jail and fines up to $2,500.

Texas

Texas Penal Code 21.16 prohibits the disclosure of intimate visual material without the consent of an identifiable victim when the offender acted with the intent to harm the victim and obtained the material under circumstances in which the depicted person had a reasonable expectation of privacy. Texas Penal Code 21.16 also criminalizes threats to disclose intimate content without consent to obtain a benefit.

  • Texas classifies Revenge Porn as a state jail felony
  • Texas Penal Code 21.165 makes it illegal to create deep fake pornography without consent and classifies this crime as a Class A misdemeanor.
  • Texas also allows victims to sue for damages, and courts may issue injunctions against the disclosure under Texas Civil Practice and Remedies Code 98B.002.

Utah

Utah Code 76-5b-203 criminalizes the knowing distribution of an intimate image of a person without the consent of the depicted individual, under circumstances in which the victim expected the content to remain private and where the offender knew or should have known that distributing the content would cause a reasonable person to suffer emotional distress or harm.

  • A first-time revenge porn offense is a Class A misdemeanor. However, offenders face third-degree felony charges on a second or subsequent revenge porn conviction.

Vermont

13 V.S.A. § 2606 prohibits the knowing, nonconsensual disclosure of intimate images of an identifiable person w with the intent to harm, harass, intimidate, threaten, or coerce them.

  • Penalties include up to two years imprisonment and/or a fine of up to $2,000, with enhanced penalties of up to five years imprisonment and/or a $10,000 fine if the disclosure is for profit.
  • Victims can bring private civil actions against perpetrators for appropriate relief, including injunctions.

Virginia

Virginia Code 18.2-386.2 criminalizes the malicious dissemination or sale of a victim’s intimate images without consent with the intent to coerce, harass or intimidate.

  • Revenge porn is a Class 1 misdemeanor in Virginia.
  • Virginia’s law also criminalizes deep fake pornography.

Washington

Washington Revised Code 9A.86.010 criminalizes the knowing disclosure of intimate images that the victim reasonably expected to remain private where the offender knew or should have known that the victim did not consent to their intimate content being disclosed and knew or should have known that disclosing the victim’s content would cause them harm. a

  • Revenge Porn in Washington is a gross misdemeanor for first-time offenses and a Class C felony for subsequent offenses.
  • Washington recently enacted a law criminalizing the creation of deep fake pornographic images of minors.
  • Washington enables victims of revenge porn and deep fake porn (regardless of their age) to sue for monetary damages if another person intentionally discloses or threatens to disclose intimate images without their consent if the victim reasonably expected the images to remain private, can be identified from the content and suffers harm. Victims of revenge porn in Washington have four years from the date they discovered (or reasonably should have discovered) the content or from the date the threat to disclose the intimate images was made.

West Virginia

West Virginia Code 61-8-28a prohibits knowingly and intentionally disclosing or threatening to disclose another person’s private intimate images with the intent of harassing, intimidating, threatening, humiliating, embarrassing or coercing them.

  • A first offense is a misdemeanor punishable by a fine between $1,000 and $5,000 and/or up to one year in jail. Subsequent violations are felonies punishable by a fine between $2,500 and $10,000 and/or up to three years in prison.

West Virginia empowers victims of revenge porn to sue if they are identifiable from the content and suffer harm from a person’s intentional disclosure or threatened disclosure of an intimate image if the defendant knew or acted with reckless disregard for whether the victim did not consent to the disclosure and whether the intimate image was private. Victims have four years from the date they discovered that their intimate images had been disclosed or reasonably should have discovered their content was disclosed. Wisconsin: Wisconsin Statutes 942.09 prohibits posting another person’s private intimate consent without their consent.

  • Revenge Porn in Wisconsin is a Class A misdemeanor unless the victim is under the age of 18, in which case it becomes a Class I felony.

Wyoming

Wyoming Statutes 6-4-306 criminalizes the dissemination of a victim’s intimate images where the sender knew or should have known that the victim reasonably expected the content to remain private, knew or should have known that the victim did not consent and intended to humiliate, harm, harass, threaten or coerce the victim OR disseminated the image for the purposes of their own or other’s sexual gratification or arousal.

  • Revenge Porn in Wyoming is a misdemeanor punishable by up to one year’s imprisonment and a fine of up to $5,000.

Federal Revenge Porn Laws

Despite progress at the state level, there is currently no federal criminal law against revenge porn unless the victim is under the age of 18. This means nonconsensual pornography involving adults is not a federal crime.

However, recent legislation has created a new federal civil cause of action for victims. The Violence Against Women Act (VAWA) gives victims the right to sue perpetrators in federal court.

Under this law, a victim can bring a civil lawsuit against someone who shared their intimate visual images without consent. Victims can recover actual damages or liquidated damages up to $150,000, plus punitive damages, reasonable attorneys’ fees, and other litigation costs.

While federal criminal law remains elusive, this new civil cause of action provides a much-needed pathway to justice for victims. If your intimate images have been shared without your consent, you may now have the right to sue them in federal court and recover substantial damages.

How to Report Revenge Porn

If you’re a victim of revenge porn, taking immediate action is crucial to prevent further spread of your images and protect your rights. Here are key steps to fight back:

  • Document all evidence. Take screenshots of everywhere your images appear online, including URLs, timestamps, and any identifying info about who posted them. Preserve all communications with the perpetrator, admitting they shared your images. Do not delete anything until you’ve documented it first.
    • However, if you or any other person was under the age of 18 when the photos or videos were taken, you should NOT preserve the actual photos. This may be construed as possession of child pornography, which is a crime. You should preserve a record of where the media is posted (e.g., a list of website links) and may want to discuss potential repercussions with a criminal attorney.
  • Report to Law Enforcement. If you are interested in pursuing criminal charges against the person who disclosed your intimate images without your consent, call local law enforcement’s non-emergency line to file a police report. Bring your evidence and emphasize your images were shared without consent. If the officer isn’t familiar with the law, show them the statute or ask to speak to a supervisor.
  • Consult a Revenge Porn Lawyer. Contact an experienced Internet attorney as soon as possible. We can help you explore your full range of legal options, from filing a police report to suing for damages. Look for attorneys with proven experience removing nonconsensual content.
  • Report to Social Media and Websites. Report nonconsensual porn to any sites where it appears and emphasize it violates their policies. Most major platforms prohibit revenge porn. Be specific your images are nonconsensual to get faster removal.

The sooner you take these steps, the better your chance of getting your images removed and preventing further nonconsensual spread. It may feel overwhelming, but you’re not alone. Reaching out for help can empower you to regain control.

Victim Resources & Support

Recovering from revenge porn can feel isolating and terrifying. But there are organizations and professionals ready to support you. These confidential resources can help with everything from legal guidance to counseling to content removal:

  • Cyber Civil Rights Initiative – Get 24/7 crisis counseling, referrals, and legal advice from CCRI’s helpline at 844-878-2274. They can also help with low-cost content removal.
  • Without My Consent – Find comprehensive info, resources, and referrals for nonconsensual porn victims. Get connected to attorneys, counselors, and more.
  • RAINN – Access 24/7 phone and chat crisis counseling from the nation’s largest anti-sexual violence organization at 1-800-656-4673. They can help with reporting, referrals, and emotional recovery.
  • Minc Law – Consult with experienced revenge porn attorneys who can guide you through all your legal options and fight to remove nonconsensual content quickly. Contact us for a free, confidential consultation.

You don’t have to suffer in silence. Reaching out for support is a sign of strength, not weakness. These organizations are here to provide judgment-free help and empower you to reclaim your privacy and peace of mind.

Protecting Your Rights Against Revenge Porn

No one ever deserves to have their most intimate moments weaponized against them. Revenge porn is a cruel invasion of privacy that can feel devastating and violating. But you can fight back – and you don’t have to do it alone.

As experienced advocates dedicated to defending victims of online abuse, we’re here to help you strategize the best path forward. Whether it’s pursuing criminal charges, filing a civil suit or getting your images removed as quickly as possible, we’ll work tirelessly to protect your rights and reputation.

Even if your state does not have a special cause of action for revenge porn, you may still be able to sue under other invasions of privacy claims.

Even if you do not want to involve law enforcement or the courts, we may still be able to help you remove your intimate content from the Internet.

Contact us for a confidential consultation today. You can reach us either by phone at (216) 373-7706, messaging with a chat representative, or filling out our contact form.

Contact Minc Law

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