State Revenge Porn Laws

Alabama

SB-301

Class A misdemeanor, punishable by up to 1 year in jail; subsequent offenses, Class C felony, punishable by up to 10 years incarceration.

Alaska

Alaska Statutes, Section 11.61.120

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

A.R.S. Section 13-1425

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. Threats to disclose, but no disclosure is a misdemeanor.

Arkansas

Arkansas Code, Section 5-26-314

Class A misdemeanor, up to one year in jail, a fine of up to $2,500, or both.

California

Penal Code Section 647(j)(4)

• Distributing the images, where the victim is identifiable;
• With the intent to cause serious emotional distress to the victim; and
• The victim actually suffered such distress.

Misdemeanor, up to six months in jail, fine up to $1,000.

Colorado

Colorado Revised Statute Section Section 18-7-107, 108

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

Connecticut General Statutes, Section 53a-189c

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, Section 22-2051 et. seq.

1. The person depicted did not consent to the disclosure of the sexual image;
2. There was an agreement or understanding between the person depicted and the person disclosing that the sexual image would not be disclosed; and
3. The person disclosed the sexual image with the intent to harm the person depicted or to receive financial gain.

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

Florida Statutes, Section 784.049(3)

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

Georgia Code, Section 16-11-90

Knowing the content of a transmission or post, knowingly and without the consent of the depicted person:

1. Electronically transmits or posts, in one or more transmissions or posts, a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person; or
2. Causes the electronic transmission or posting, in one or more transmissions or posts, of a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person.

• Aggravated misdemeanor, but subsequent charges can be a felony punishable by one-five years prison, up to $100,000 fine; 
• if posted on a website that advertises, a felony punishable by one-five years, up to $100,000 fine, but subsequent charges are a felony punishable by two-five years, up to $100,000 fine

Hawaii

Hawaii Revised Statutes, Section 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

Idaho Code, Section 18-6609(2)(b) (video voyeurism)

Felony

Illinois

Illinois Criminal Code, Section 11-23.5

Senate Bill 1507

Intentionally publishing an image of another person:

• Who is at least 18 years old;
• Whose identity is discernible from the image itself or from information displayed in connection with the image; and
• Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part.

Felony, one to three years in prison, and up to $25,000 fine.

Victims also have civil remedies to recover economic and punitive damages.

Indiana

N/A

Iowa

Iowa Code, Section 708.7

Disseminates, publishes, distributes, posts, or caused to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting.

Aggravated misdemeanor; up to 2 years jail time, up to $6,250 fine.

Kansas

Kansas Statutes, Section 21-6101(a)(8) (Breach of Privacy)

Louisiana

Section 14:283.2

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

Section 1. 17-A MRSA 511-A

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

Maryland Criminal Law Code, Section 3-809

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:

1. Knowing that the other person did not consent to the placement of image on the internet; and
2. Under circumstances in which the other person had a reasonable expectation that the image would be kept private.

Misdemeanor, up to two years in jail, fine of $500.

N/A

Michigan

Michigan Codified Laws, Section 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

Minnesota Statutes, Section 617.261

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.

N/A

Missouri

Revised Statues of Missouri, Sections 573.110, 573.112

Threatening the nonconsensual dissemination of private sexual images if they gain or attempt to gain anything of value, or coerces or attempts to coerce another person, which was obtained under circumstances in which a reasonable person would know or understand that the image was to remain private, against the will of such person:

• who is at least 18;
• who is identifiable from the image itself or information displayed in connection with the image; and
• who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part.

Class E felony, punishable by a term of up to 4 years.

Nebraska

Nebraska Revised Statutes, Section 28-311.08,

Section 25-3503

Prohibits knowingly and intentionally distributing image or video of another's intimate area or of another person engaged in sexual conduct:

• if the other person had a reasonable expectation that the image would remain private
• knowing the other person did not consent to distributing or making public the image or video, and 
• if distributing or making public the image or video serves no legitimate purpose. Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this subsection is a Class IV felony.

First offense: Class I misdemeanor

Subsequent Violation: Class IV felony

Civil Remedies include economic and noneconomic damages as well as potential recovery of attorneys' fees

Nevada

Nevada Revised Statutes, Section 200-780

A person intentionally and electronically disseminates or sells an intimate image which depicts the other person and the other person:

• Did not give prior consent to the electronic dissemination or the sale of the intimate image;
• Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and
• Was at least 18 years of age when the intimate image was created.

One to four years in Nevada State Prison, fine of up to $5,000.

New Hampshire

New Hampshire Revised Statutes, Section 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, Section 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

Section 30-37A-1

Distribute sensitive images without authorization including:

• Distributing
• Publishing
• Making publicly available
• Using electronic communications to broadcast

Misdemeanor, second offense is a felony.

N/A

North Carolina

General Statutes, Section 14-190.5A

Knowingly disclosing a sexual image of another person with the intent to:

• Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person, or
• Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person, and\
• The depicted person is identifiable from the disclosed image or from information offered in connection with it.

Class H felony

North Dakota

Section 12.1-17-07.2

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

Section 1040.13b of Title 21

Disseminating private sexual images of a person without that person's consent.

Misdemeanor, up to one year in jail, up to $1000 fine.

Oregon

Oregon Revised Statutes, Section 166.065

Class A Misdemeanor, Class C Felony if repeat offender.

Pennsylvania

Title 18 Pennsylvania Consolidated Statutes, Section 3131

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.

Rhode Island

Rhode Island General Laws, Section 11-64-3

Misdemeanor for first violation, felony for second or subsequent violation, and felony if material was used to commit extortion or "sextortion."

N/A

South Dakota

South Dakota Statutes, Section 22-21-4

Class 1 misdemeanor, unless victim is 17 years old or younger, then Class 6 felony.

Tennessee

Tennessee Code, Section 39-13-301

With the intent to cause emotional distress, a person distributes an image of the intimate part or parts of another identifiable person if:

1. The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and
2. The person depicted in the image suffers emotional distress.

Class A misdemeanor

Texas

Texas Penal Code, Section 21.16

State Jail Felony

Utah

Section 76-5b-203

Knowingly or intentionally distributing sexual images to any third party of another person without that person's consent.

Class A misdemeanor

Vermont

Section 2, 13 V.S.A. Section 2606

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 Section 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

Washington Revised Code, Section 9.61.260

Intentionally and maliciously disclosing an intimate image of another person without their consent.

West Virginia

Code of West Virginia, Section 61-8-28

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, Section 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.