Maryland Revenge Porn Laws: Legal Guide for Victims

You deserve to feel safe and protected online. Unfortunately, 1 in 8 social media users are victims of nonconsensual intimate image distribution, commonly referred to as revenge porn. As an attorney with experience assisting clients with Internet privacy violations, I’ve seen firsthand the devastating impact revenge porn has on victims’ mental health, relationships and careers. While no one can erase the trauma and betrayal victims experience, Maryland law does provide recourse for survivors.

Maryland empowers victims of revenge porn to hold their abusers accountable through laws that create criminal penalties and civil liabilities for those that share intimate images without consent. In this article, I’ll break down exactly what Maryland’s revenge porn statute covers, potential criminal penalties and how to pursue a civil lawsuit. Whether you’re a victim seeking justice or someone facing revenge porn charges, I’m here to provide compassionate legal guidance.

What Is Considered Revenge Porn Under Maryland Law?

In Maryland, revenge porn is a misdemeanor crime under Criminal Law §3-809. It is illegal to knowingly distribute private, intimate and/or sexual images or videos of someone who can be identified in the content without their consent and with the intent to harm, harass, intimidate, threaten or coerce them under circumstances where they had a reasonable expectation that the images would remain private. Offenders face up to 2 years in prison and/or a $5000 fine. Victims can also sue for civil damages like emotional distress and reputation harm.

Will a Victim’s Images Be Made Public if the Case Goes to Trial?

No. Although the images and videos depicting the victim will be a part of public records, they may NOT be made available for public inspection. This means that the general public will not be able to see the victim’s intimate content. However, the following people will be able to see the images only in relation to the criminal charge of revenge porn: (i) court personnel handling the case, (ii) the jury selected to hear the case, (iii) the prosecuting attorney and their staff who are assigned to the case, (iv) law enforcement officers assigned to the case, (v) the defendant and/or their attorney and (vi) the victim and/or the victim’s attorney.

How Do You Prove A Revenge Porn Case In Maryland?

To convict someone of revenge porn, Maryland prosecutors must prove beyond a reasonable doubt that:

1. The defendant knowingly distributed the images/videos;
2. The victim can be identified;
3. The images/videos are of an intimate or sexual nature as defined by Maryland Criminal Law Code Section 3-809;
4. The defendant intended to harm, harass, intimidate, threaten or coerce the victim by posting or sharing the images/videos
5. The defendant shared and/or posted the images either knowing the victim did not consent to their distribution or with a reckless disregard as to whether the victim consented to their distribution
6. The victim had a reasonable expectation that the images would remain private

Proving intent is often the most challenging element. Some types of evidence that can help demonstrate these elements include:

• The images/videos themselves
• Texts, emails, DMs or other communications showing the images were shared or threatening to share them
• Witness testimony from people who received or saw the images
• Victim’s testimony about the circumstances under which the images were taken and shared
• Evidence the victim asked the defendant to delete or not share the images
• The defendant’s statements admitting to sharing the images or expressing an intent to harm the victim
• Online posts, comments, or messages by the defendant boasting about sharing the images or degrading the victim

Prosecutors may also use expert testimony from psychologists or counselors to explain the devastating impact on victims.

Can Revenge Porn Victims Sue In Civil Court In Maryland?

In addition to pressing criminal charges, revenge porn victims in Maryland can file a civil lawsuit against their abuser. Some common civil causes of action include:

• Invasion of Privacy: Victims can sue under the privacy torts of intrusion upon seclusion, public disclosure of private facts, false light or appropriation of likeness.
• Intentional Infliction of Emotional Distress: Victims can recover monetary damages for severe emotional trauma if they can show the abuser’s conduct was deliberate or reckless as well as extreme and outrageous and that the abuser’s conduct caused severe emotional distress.
• Defamation: Sharing revenge porn may constitute defamation if it falsely implies that the victim has poor moral character and thereby would discourage others from having a good opinion of or associating with the victim. Truth is an absolute defense to defamation, so this claim is likely strongest when the images are deep fakes, doctored or otherwise taken out of context.
• Copyright Infringement: If the victim took the photos or videos themselves, they likely own the copyright. The victim could sue an abuser for violating their rights as a copyright holder or send DMCA takedown notices to websites hosting them.

What Should I Do If I’m A Victim Of Revenge Porn In Maryland?

1. Document everything. Screenshot the posts, save copies of the images, and back up relevant texts and emails. If you or anyone else is under the age of 18 in any of the content, be careful NOT to download or send the images yourself, as that may be considered distribution of child pornography in some cases.
2. Report the images to any websites or social media platforms on which they are posted and request their removal. Most reputable sites prohibit revenge porn and have a process to report it.
3. Consider making a police report to pursue criminal charges. You can explain the situation to an officer and provide copies of evidence.
4. Consult with an experienced attorney about your options for a civil lawsuit and sending a demand letter to the perpetrator. Look for someone who specializes in Internet privacy, harassment and abuse cases.
5. Seek counseling and support services to process the trauma and grief of this betrayal. Look for a therapist who understands cybersexual abuse. RAINN has a 24/7 hotline with trained staff and referrals.

Resources for Victims

• Cyber Civil Rights Initiative https://www.cybercivilrights.org – a non-profit supporting revenge porn victims with information, referrals, and advocacy
• Without My Consent https://withoutmyconsent.org – a non-profit providing resources and support for victims of online harassment and abuse
• Maryland Coalition Against Sexual Assault https://mcasa.org – a statewide coalition with legal, counseling, and advocacy services for sexual assault and revenge porn victims
• RAINN National Sexual Assault Hotline – 1-800-656-4673 or https://hotline.rainn.org/online to chat with a trained support specialist 24/7

Minc Law Can Help

If you’re a victim of revenge porn in Maryland, you don’t have to suffer in silence or navigate the complex legal system alone. Minc Law’s experienced attorneys are here to provide the skilled, compassionate advocacy you need to pursue justice and protect your rights.

As a premier Internet defamation law firm, we’ve successfully represented countless clients in holding their abusers accountable through both criminal charges and civil lawsuits. We can help you:

• Identify and preserve crucial evidence
• Demand removal of your intimate images from websites
• Work with law enforcement to file criminal complaints
• Send demand letters to the person who distributed your content without your consent
• File restraining orders and injunctions
• Bring civil claims for damages and equitable relief
• Protect your identity and confidentiality

You don’t have to go through this traumatic experience alone. We will be your tireless advocates and help you reclaim your privacy, dignity and peace of mind.

Take the first step towards justice by scheduling a confidential consultation with one of our Maryland revenge porn attorneys. Call us at (216) 373-7706 or complete our contact form. We’re ready to put our experience to work for you.

Remember, deciding to pursue legal action is a big step and a deeply personal choice. We’re here to review your options, answer your questions and provide caring guidance – without pressure. The choice of how to proceed is always yours.

Your privacy, your consent, and your trust matter. Let us help you defend them.