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State Revenge Porn Laws

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 featuring that person? It doesn't always mean that. 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. In some cases, it constitutes cyberbullying. It should be taken very seriously, particularly if minors are the subject of the revenge porn. Penalties can be steep and civil lawsuits may also arise from posting these nonconsensual, pornographic materials. Penalties can include:

  • Injunctions
  • Infringement notices
  • Formal warnings, and/or
  • Take-down notices

How Many States Have Revenge Porn Laws?

All states, excluding Massachusetts and South Carolina, have separate statutes that are specifically related to revenge porn. It's important to note, however, that a person may still be prosecuted for revenge porn under other statutes in those two states. In Massachusetts, for example, someone may be prosecuted for revenge porn under privacy laws. In South Carolina, by contrast, one may be prosecuted for the same offense under obscenity laws.

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 content, for example, shows the victim's intimate body parts. It might also show the victim engaging in sexual activity. Simply posting an unflattering picture of your ex in a bathing suit is not pornographic. However, if the picture features your ex's genitalia, it could likely be considered a crime to distribute such an image.

Prohibited Actions

Each state has its own laws related to revenge porn. However, most states define the crime of revenge porn as any person, with the intent to harass or annoy another person, 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 sexual activity.

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. These other crimes include cyber crimescomputer crimesdistribution 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

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 18-7-107108

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:
  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.

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:

  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

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

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 by 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.

Need More Help? Speak with an Attorney Today

It can be traumatic and scary to navigate the fallout of revenge porn when you're the victim. Seeking justice is one step in the road to recovery from such trauma. If you've been victimized in such a way, consider speaking with a qualified personal injury attorney near you. They can help you with all the legal aspects of being the victim of revenge porn.

Also, 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 near you to learn more.

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