State Revenge Porn Laws
Created by FindLaw's team of legal writers and editors | Last updated January 13, 2020
Intentional distribution of non-consensual porn, or "revenge porn," is 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 Jennifer Lawrence, 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:
- Injunctions;
- Infringement notices;
- Formal warnings; and
- Take-down notices.
How Many States Have Revenge Porn Laws?
As of 2019, 41 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:
- Publishes or distributes electronic or printed photographs, pictures, or films that
- Show the genitals, anus, or female breast of the other person, or
- Depicts that person engaged in a sexual act.
State Revenge Porn Laws: An Overview
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
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Distributing a private image. | Class A misdemeanor, punishable by up to 1 year in jail; subsequent offenses, Class C felony, punishable by up to 10 years incarceration. |
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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. |
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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. Threats to disclose, but no disclosure is a misdemeanor. |
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Arkansas |
Unlawful distribution of sexual images or recordings. | Class A misdemeanor, up to one year in jail, a fine of up to $2,500, or both. |
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California |
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Misdemeanor, up to six months in jail, fine up to $1,000. |
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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. |
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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 |
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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. |
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District of Columbia DC Code, Section 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. |
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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. |
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Georgia Georgia Code, Section 16-11-90 |
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 |
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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. |
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Idaho Idaho Code, Section 18-6609(2)(b) (video voyeurism) |
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Felony |
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Illinois Illinois Criminal Code, Section 11-23.5 |
Intentionally publishing an image of another person:
|
Felony, one to three years in prison, and up to $25,000 fine. Victims also have civil remedies to recover economic and punitive damages. |
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Indiana
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No specific revenge porn law. | N/A
|
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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. |
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Kansas Kansas Statutes, Section 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. | |||||
Kentucky | No specific revenge porn law. | N/A | |||||
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. |
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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. |
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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:
|
Misdemeanor, up to two years in jail, fine of $500. |
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Massachusetts | No specific revenge porn law. | N/A |
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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. |
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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.
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Mississippi | No specific revenge porn law. | N/A
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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:
|
Class E felony, punishable by a term of up to 4 years. |
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Montana | No specific revenge porn law. | N/A | |||||
Nebraska | No specific revenge porn law. |
N/A | |||||
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:
|
One to four years in Nevada State Prison, fine of up to $5,000. |
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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 |
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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. |
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New Mexico
|
Distribute sensitive images without authorization including:
|
Misdemeanor, second offense is a felony. |
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New York | No specific revenge porn law. | N/A
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North Carolina General Statutes, Section 14-190.5A |
Knowingly disclosing a sexual image of another person with the intent to:
|
Class H felony |
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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 |
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Ohio | No specific revenge porn law. | N/A | |||||
Oklahoma |
Disseminating private sexual images of a person without that person's consent. |
Misdemeanor, up to one year in jail, up to $1000 fine. |
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Oregon Oregon Revised Statutes, Section 166.065 |
Unlawful dissemination of an intimate image. | Class A Misdemeanor, Class C Felony if repeat offender. |
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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. |
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Rhode Island Rhode Island General Laws, Section 11-64-3 |
Unauthorized dissemination of indecent material. | Misdemeanor for first violation, felony for second or subsequent violation, and felony if material was used to commit extortion or "sextortion." |
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South Carolina | No specific revenge porn law. | N/A |
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South Dakota South Dakota Statutes, Section 22-21-4 |
Dissemination of a visual recording or photographic device without consent and with intent to self-gratify, harass, or embarass another. | Class 1 misdemeanor, unless victim is 17 years old or younger, then Class 6 felony. |
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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:
|
Class A misdemeanor |
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Texas Texas Penal Code, Section 21.16 |
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 |
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Utah |
Knowingly or intentionally distributing sexual images to any third party of another person without that person's consent. |
Class A misdemeanor |
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Vermont |
Nonconsensual dissemination of someone's nude or sexually explicit photograph or videotape. |
Up to two years prison and up to $2000 fine. |
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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. |
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Washington Washington Revised Code, Section 9.61.260 |
Intentionally and maliciously disclosing an intimate image of another person without their consent. |
Gross misdemeanor | |||||
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. |
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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. |
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Wyoming | No specific revenge porn law. | N/A |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Charged with Crimes Under Your State Revenge Porn Laws? Get Legal Help Today
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 that you have legal representation. There are a number of excellent attorneys out there who can assist you with a defense. Start the process today by reaching out to a local criminal defense attorney to learn more.
Next Steps
Contact a qualified criminal lawyer to make sure your rights are protected.