State/Statute |
Actions Prohibited |
Possible Penalties |
Alabama
Alabama Code,
§ 13A-6-240
|
Distributing a private image of another person is prohibited under this statute. |
First Offense:
- Class A Misdemeanor, punishable by up to one year in jail
Subsequent Offenses:
- Class C Felony, punishable by up to 10 years of incarceration
|
Alaska
Alaska Statutes, Section 11.61.120
|
This law prohibits publishing or distributing electronic or printed photographs, pictures, or films that show the genitals of another person, or that depict that person engaged in sexual activity.
|
Class B Misdemeanor:
- Punishable by up to 90 days in jail, and/or
- A fine of $2,000
|
Arizona
Arizona Revised Statutes,
Section 13-1425
|
This law prohibits 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, and when the offender intends to harm, harass, intimidate, threaten, or coerce the subject of the content.
|
Class 5 Felony
However, if the image is disclosed by electronic means, the violation is treated as a Class 4 Felony.
Violations are treated as Class I Misdemeanors if there is only a threat to disclose but no actual disclosure takes place.
A Class 4 Felony brings with it the following penalties:
- 1.5 years in prison,
- A fine of up to $150,000, and/or
- Possible registration as a sex offender
|
Arkansas
Arkansas Code, Section 5-26-314
|
Unlawful distribution of sexual images or recordings is prohibited under this statute. |
Class A Misdemeanors, punishable by up to one year in jail, a fine of up to $2,500, or both
|
California
Penal Code Section 647(j)(4)
|
Among other things, California law prohibits distributing images or videos of another person's intimate body parts without that person's consent.The person distributing the material must do so with the intention of causing emotional distress or suffering.Distributing images or videos of another person engaged in sexual activity without their consent and for the purpose of causing emotional distress or suffering are also prohibited. |
Violations are treated as a Misdemeanor, punishable in the following ways:
- A maximum of one year in jail, and/or
- A fine of up to $1,000.
|
Colorado
Colorado Revised Statute,
Section 18-7-107, 108
|
Under this statute, the following is an offense:
Posting or distributing 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.
|
Violations are treated as a Class 1 Misdemeanor, punishable by:
- Up to 364 days in jail, and
- A mandatory fine of $10,000.
|
Connecticut
Connecticut General Statutes, Section 53a-189c
|
This statute prohibits unlawful dissemination of an intimate image with intent to cause harm and without the victim's consent.
|
Violations are treated as a Class A Misdemeanor.
|
Delaware
Delaware Code 1335, Title 11
|
This law pertains to privacy matters.
Posting a nude or sexually explicit photo or video of someone on the internet without their consent is prohibited under this statute.
|
Violations are treated as a Class G Felony, if aggravating factors are present.
|
District of Columbia
DC Code, Section 22-2051 et. seq
|
Knowingly disclosing one or more sexual images of another identifiable person is prohibited by this statute, when:
- The person depicted did not consent to the disclosure of the sexual image,
- There was an agreement or understanding between the person depicted and the person disclosing that the sexual image would not be disclosed, and
- The person disclosed the sexual image with the intent to harm the person depicted or to receive financial gain.
|
Violations are treated as either of the following:
Misdemeanor, punishable by:
- A maximum fine of $1,000, and/or
- 180 days in jail
Felony, punishable by:
- A fine of up to $12,500, and/or
- Three years in prison
|
Florida
Florida Statutes, Section 784.049(3)
|
Under this statute, the following is prohibited:
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 emotional distress.
|
Violations are treated in the following ways:
- First-Degree Misdemeanor, punishable by up to one year in jail and/or up to $1,000 in criminal fines.
Subsequent offenses may carry felony charges and penalties.
|
Georgia
Georgia Code, Section 16-11-90
|
Under this statute, the following is prohibited:
Knowingly and without consent, transmitting or posting photos of a person engaged in a sexual act, and the transmission or positing is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person. |
Violations are treated in the following ways:
- Aggravated Misdemeanor, but subsequent charges can be a felony punishable by one to five years in prison and/or a fine of up to $100,000, or
- If the material is posted on a website that advertises, the offense is treated as a Felony, punishable by one to five years in prison and/or a fine of up to $100,000.
- Subsequent charges are a Felony, punishable by two to five years in prison and/or a fine of up to $100,000.
|
Hawaii
Hawaii Revised Statutes,
Section 711-1110.9
|
Examples of the types of conduct that the statute prohibits are:
- Transmitting nude photos or videos of a person on the internet without their consent, and
- Transmitting photos or videos of a person engaged in sexual activity without their consent.
|
Violations in the first-degree are treated as a Misdemeanor.
Violations in the second-degree are treated as a Class C Felony, punishable by up to five years in prison as well as a fine.
|
Idaho
Idaho Code, Section 18-6605(a)-(c)
|
If a person publishes an image or images of the intimate areas of another person or persons without their consent, they may be charged with a violation of this code.The offender must do so intentionally or with reckless disregard. For guilt to be established, the offender must have known that the images were meant to be private, or the offender should have known that they were meant to be private based on an agreement with the subject or subjects of the image(s) or video(s). |
Felony
|
Illinois
Illinois Criminal Code,
Section 11-23.5
Senate Bill 1507
|
Intentionally publishing an image of another person is prohibited by this law when the subject is:
- At least 18 years old,
- Identifiable from the image itself or from information displayed in connection with the image, and
- Engaged in sexual activity or depicted with their intimate body parts exposed, in whole or in part.
|
Violations are treated as a Felony, for which the offender faces one to three years in prison and/or a fine of up to $25,000.
Victims also have civil remedies to recover economic and punitive damages.
|
Indiana
Indiana Criminal Code,
Section 35-45-4-8
|
Under this section of the Indiana Criminal Code, it is prohibited to distribute "intimate images." Intimate images are those featuring a person in the nude or engaged in sexual activity. |
First Offense:
Class A Misdemeanor
In cases where there is a prior unrelated conviction under this section of the Indiana Criminal Code:
Level 6 Felony
|
Iowa
Iowa Code,
Section 708.7
|
If a person disseminates or publishes, or causes to disseminate or publish, a photograph or film showing another person in a state of full or partial nudity or engaged in sexual activity, a person is in violation of this Iowa statute.
The offender must also know that the other person has not consented to circulation of the material.
|
Aggravated Misdemeanor:
- Up to two years in jail, and
- A fine of up to $8,540
|
Kansas
Kansas Statutes, Section 21-6101(a)(8)
|
This law pertains to issues of privacy.Uploading sexual photos or videos of another person without their permission is prohibited by this statute. |
First offense:Presumptive probationSecond offense: Felony blackmail, punishable by up to six years in prison |
Kentucky Kentucky Statutes, Section 531.120 |
Under this section of the Kentucky Statutes, distributing sexually explicit images without the subject's consent is prohibited. |
First Offense: Class A MisdemeanorSubsequent Offenses: Class D Felony If the offender distributes the material for profit or gain, the offense is treated as a Class D Felony for the first offense. Each subsequent offense for profit or gain is treated as a Class C Felony. |
Louisiana
Louisiana Revised Statutes,
Section 14:283.2
|
An example of what is prohibited under this law is:
- Disseminating a picture or video of a person in the nude or engaged in sexual activity without their consent or when the photo or video was taken with reasonable expectation of privacy.
The offender must have the intent to harass, threaten, or intimidate the subject of the material.The subject must also have not consented to the publication of the material.Another example of what is prohibited under this law is:
- Allowing for the dissemination of such content.
|
Violations are punishable by up to two years in jail and/or a fine of up to $10,000.
|
Maine
Maine Criminal Code,
Section 1. 17-A MRSA 511-A
|
Transmitting sexually explicit photos of a person on the internet without their consent is prohibited under this statute.
|
Class D Misdemeanor, punishable by up to one year in jail and/or a fine of up to $2,000.
|
Maryland
Maryland Criminal Law Code,
Section 3-809
|
This law prohibits intentionally publishing any photograph, film, videotape, recording, or other reproduction of a person engaged in sexual activity, and the publication must occur online or by other digital means.
For guilt to be established, the offender must have known that the other person did not consent to the placement of the content on the internet. At the same time, the subject must have had a reasonable expectation that the content would be kept private.
|
Misdemeanor, punishable by up to two years in jail and/or a fine of $500
|
Massachusetts |
There is no specific revenge porn law in Massachusetts. |
Not Applicable
|
Michigan
Michigan Codified Laws,
Section 750.145e
|
Under this statute, posting images or video recordings of a sexual nature online, without someone's consent, is prohibited.
The offender must do so intentionally and with the intent to threaten, coerce, or intimidate the subject of the material.
The offender should have known that the subject was under a reasonable expectation of privacy.
The subject must be identifiable in the content.
|
Violations are punishable by up to 93 days in jail and/or a fine of up to $1,000.
For a second or subsequent violation, the person is guilty of a misdemeanor.
In the case of subsequent violations, the offenses are punishable by up to one year in prison, a fine of of up to $1,000.00, or both.
|
Minnesota
Minnesota Statutes,
Section 604.31 - Cause of action for nonconsensual dissemination of private sexual images
Section 609.748 -
Harassment & Restraining Orders
|
Under this statute, intentionally disseminating a private sexual image of another person is prohibited.
The offender must do so without the subject's consent.
The subject's intimate body parts must be exposed in full or in part.
The subject must be identifiable.
The subject must have had a reasonable expectation of privacy.
That the subject may have consented to the creation of the content is not a viable defense against the offender's liability.
|
Violations are treated as Gross Misdemeanors, punishable by up to one year in jail and/or a fine of $1,000.
Violations are treated as a Felony if the material causes financial loss, is characterized by intent to profit or intent to harass, or is posted to a porn site.
Violations may also be treated as Felonies under other circumstances, as well.
The victim may be entitled to damages. The damages may be equal to the amount of all financial losses resulting from the publication of the material or the mental anguish that the victim suffers as a result of the publication of the material.
Damages may also be equal to the amount of any profit made from the dissemination of the image by the person who intentionally disclosed the image.
Civil penalties are capped at $10,000 and any additional value equal to court costs, court fees, and reasonable attorney fees.
|
MississippiSenate Bill,Section 97-29-64.1 |
This law forbids circulation of images or video that depict a person's intimate body parts. |
A first offense is treated as a Misdemeanor, punishable by up to six months in a county jail and/or a fine of up to $1,000.
A second or subsequent violation is treated as a Felony, punishable by up to one year in prison and/or a fine of up to $2,000.
If the offense is committed for financial profit, it will be treated as a Felony, punishable by one year in prison and/or a fine of up to $2,000.
|
Missouri
Revised Statues of Missouri,
Sections 573.110 & 573.112
|
Threatening the nonconsensual dissemination of private sexual images is prohibited under this statute.
The offender must be attempting to derive gain, financial or otherwise, by publishing the content.
If the offender is circulating the content for the purpose of coercing or attempting to coerce another person, this statute also applies.
If the content was obtained under circumstances in which a reasonable person would know or understand that the image was to remain private and was obtained against the will of that person, this statute will also apply, as well.
The subject of the content must be identifiable from the image itself or information displayed in connection with the image. At the same time, the subject must be engaged in sexual activity, or their intimate body parts must be exposed in whole or in part. |
Offenses are treated as a Class D Felony.
The victim is also entitled to pursue a private cause of action for civil damages.
Damages may not exceed $10,000. The victim may be entitled to actual damages, as well. However, the victim is entitled to whichever amount is greater -- $10,000 or the actual damages.
|
MontanaMontana Code Annotated,Section 45-8-213 |
This law deals with privacy in communications, and it forbids publication of private images. |
Violations are punishable by a fine of up to $500 and/or imprisonment in the county jail for up to six months.For a second conviction, a person shall be imprisoned in the county jail for a term of up to one year and/or a fine of up to $1,000.On a third or subsequent conviction, a person faces up to five years in state prison and/or a fine of up to $10,000. |
Nebraska
Nebraska Revised Statutes,
Section 28-311.08
Section 25-3503
|
These statutes prohibit distributing images or videos of another person's intimate body parts or of another person engaged in sexual activity.
The offender must do so knowingly and intentionally.
The subject must have had a reasonable expectation that the image would remain private.
The offender must have known that the subject did not consent to making the content public.
The content must have served no legitimate purpose.
|
First Offense:
Class I Misdemeanor
Subsequent Violation:
Class IV Felony
Civil remedies, which the victim may also pursue, include economic and noneconomic damages as well as potential recovery of attorneys' fees.
|
Nevada
Nevada Revised Statutes,
Section 200-780
|
This statute prohibits a person from electronically disseminating or selling images or videos of another person that are intimate in nature.
The subject must not have given prior consent to the electronic dissemination or the sale of the content.
The subject must have had a reasonable expectation that the intimate content would be kept private and would not be made available to the public.
The subject must have been at least 18 years of age at the time the content was created.
|
An offender faces one to four years in Nevada State Prison and/or a fine of up to $5,000.
|
New Hampshire
New Hampshire Revised Statutes, Section 644:9-a
|
This statute prohibits nonconsensual dissemination of private sexual images with the intent to harass, intimidate, threaten, or coerce the subject of the content.
|
Class B Felony
|
New Jersey
New Jersey Code, Section 2C:14-9
|
This statute prohibits making a nonconsensual recording that reveals another person's intimate body parts or shows another person engaged in sexual activity without their consent.
|
Felony, punishable by three to five years in prison and/or a fine of up to $15,000.
|
New Mexico
New Mexico Statutes,
Section 30-37A-1
|
This statute prohibits distributing sensitive images without authorization to do so. It covers all of the following concerning the means by which the offender makes the images public:
- Distributing
- Publishing
- Using electronic communications to broadcast
- Making publicly available by means other than those already listed
|
First Offense:
Misdemeanor
Second Offense:
Felony
|
New YorkConsolidated Laws of New York,Section 245.15 |
This law pertains to unlawful dissemination or publication of an intimate image. It also prohibits the publication of images or videos featuring a person engaged in sexual activity without their consent. |
Class A Misdemeanor
|
North Carolina
General Statutes, Section 14-190.5A
|
This statute prohibits knowingly disclosing a sexual image of another person. The offender must do so with the intent to:
- Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the subject of the content, or
- Both of the following:
- Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the subject of the content, and
- The subject of the content 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
|
This statute prohibits 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
|
OhioOhio Statutes,Section 2917.211 |
This statute prohibits nonconsensual dissemination of private sexual images. |
First Offense:Third-Degree MisdemeanorSecond Offense: Second-Degree MisdemeanorSubsequent Offenses: First-Degree MisdemeanorIn cases where the offender is under 18 years of age and the subject of the image is less than five years older than the offender, the offender will not be prosecuted.The victim may always pursue a civil action against the offender for recovery of damages, regardless of whether the offender profited from circulating the material of the victim. |
Oklahoma
Section 1040.13b of Title 21
|
This statute prohibits disseminating private sexual images of a person without that person's consent.
|
Misdemeanor, punishable by up to one year in jail and/or a fine of up to $1,000
|
Oregon
Oregon Revised Statutes,
Section 166.065
|
This statute prohibits unlawful dissemination of an intimate image. |
Class A Misdemeanor
For repeated offenses:
Class C Felony
|
Pennsylvania
Title 18 Pennsylvania Consolidated Statutes,
Section 3131
|
Publishing any sexually explicit image, with the intent of causing the subject distress and without the consent of the subject, is prohibited under this statute.
|
Offenders face a fine of up to $5,000 and/or up to one year in prison.
|
Rhode Island
Rhode Island General Laws, Section 11-64-3
|
This law pertains to unauthorized dissemination of indecent material.The offender must circulate the content intentionally. The content must depict another identifiable person that is 18 years of age or older. The content must be sexually explicit or feature the intimate body parts of the subject. The content must have been created with the subject having a reasonable expectation that the content would remain private.The offender must have published the content without the subject's consent.The offender must have published the content with reckless disregard for the likelihood that the subject would suffer harm as a result of the publication of the content. For guilt to be established, the offender could have also published the material solely to cause the subject harm or with the intent to harass, intimidate, threaten, or coerce the subject. |
First violation:
Misdemeanor, punishable by up to one year of imprisonment and/or a fine of up to $1,000.
Second or subsequent violation:
Felony, punishable by up to three years in prison and/or a fine of $3,000
If the violation involves blackmail:
Felony, punishable by up to five years in prison and/or a fine of up to $5,000
|
South Carolina |
There is no specific revenge porn law in South Carolina. |
Not Applicable
|
South Dakota
South Dakota Statutes, Section 22-21-4
|
Under this statute, the following are prohibited:
- Recording a person's intimate body parts through or under their clothing, and
- Recording a person engaged in sexual activity.
However, for these two activities to be crimes, the offender must have engaged in either or both of those activities without the subject's consent or knowledge.For guilt to be established, the offender could also have engaged in either or both of the above mentioned behaviors merely with the intent to self-gratify or to harass, embarrass, and invade the privacy of another person.Under these circumstances, the subject must have had a reasonable expectation of privacy.Using, disclosing, or disseminating such content is also prohibited, if the offender intended to self-gratify or to harass, embarrass, and invade the privacy of another person.The offender must have published the content knowingly and intentionally.This statute also applies to images that have been edited to falsely resemble a person, while the content bearing this resemblance must also be of a sexually explicit nature.The offender must do so without the consent or knowledge of the person whose image is depicted and with the intent to self-gratify or to harass, to embarrass, and to invade the privacy of the person whose image is depicted. |
Class 1 Misdemeanor
If the victim is 17 years old or younger:
Class 6 Felony
|
Tennessee
Tennessee Code, Section 39-13-301
|
This statute prohibits dissemination of sexually explicit material with the intent to cause emotional distress.
It also applies to a person distributing an image of the intimate part or parts of another identifiable person if:
- The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private, and
- The person depicted in the image suffers emotional distress.
|
Class A Misdemeanor
|
Texas
Texas Penal Code,
Section 21.16
|
This law pertains to unlawful disclosure or promotion of intimate visual material.The offender must have intentionally disclosed the material without the consent of the subject. The content must depict a person's intimate body parts or a person engaged in sexual activity. The intimate body parts may be exposed in full or in part. |
State Jail Felony
|
Utah
Section 76-5b-203
|
Under this law, it is prohibited to knowingly or intentionally distribute sexual images to any third party without the subject's consent.
|
Class A Misdemeanor
|
Vermont
Section 2, 13 V.S.A. Section 2606
|
This statute pertains to nonconsensual dissemination of someone's nude or sexually explicit photograph(s) or video(s).
|
Violations are penalized by up to two years in prison and/or a fine of up to $2000.
If the offender disseminates the material for profit, they face a period of imprisonment of up to five years and/or a fine of up to $10,000.
|
Virginia
Code of Virginia Section 18.2-386.2
|
This law pertains to disseminating sexual photos without the subject's consent and with the malicious intent to coerce, harass, or intimidate the subject.
|
Class 1 Misdemeanor, punishable by up to two years in prison and/or a fine.
|
Washington
Washington Revised Code,
Section 9.61.260
|
Intentionally and maliciously disclosing an intimate image of another person without their consent is prohibited under this statute.
|
Gross MisdemeanorIf the offense involves cyberstalking, it's treated as a Class C Felony. Under such circumstances, it will be treated as such a Felony, if either of the following applies:
- The perpetrator has already been convicted of harassment with the same victim, a member of the victim's family or household, or any person specifically named in a protective order in Washington or any other state.
- The perpetrator also threatens to kill the person depicted in the content.
|
West Virginia
Code of West Virginia,
Section 61-8-28
|
This law deals with sexually explicit images or intimate images of another person. It prohibits:
- Intentionally displaying the content in a public way
- Distributing or threatening to disclose sexually explicit or intimate images of another person without their consent
|
Misdemeanor, punishable by a fine of between $1,000 and $5,000 and/or up to one year in jail.
|
Wisconsin
Code of Wisconsin, Section 942.09
|
This statute prohibits nonconsensual distribution of images featuring a "nude or partially nude person or of a person engaging in sexually explicit conduct."
The subject must have had a reasonable expectation at the time the image was captured that the image would remain private.
The offender must have known or should have known that the subject did not consent to the capturing of the image.
|
Class I Felony
|
WyomingWyoming Statutes,Section 6-4-306 |
This law pertains to unlawful dissemination of intimate images. |
Misdemeanor, punishable by up to one year of imprisonment and/or a fine of up to $5,000 |