By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 08, 2022
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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:
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.
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:
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 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 Alabama Code, |
Distributing a private image of another person is prohibited under this statute. | First Offense:
Subsequent Offenses:
|
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:
|
Arizona Arizona Revised Statutes, |
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:
|
Arkansas |
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 |
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:
|
Colorado Colorado Revised Statute, |
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:
|
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 |
Knowingly disclosing one or more sexual images of another identifiable person is prohibited by this statute, when:
|
Violations are treated as either of the following: Misdemeanor, punishable by:
|
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:
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:
|
Hawaii Hawaii Revised Statutes, |
Examples of the types of conduct that the statute prohibits are:
|
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, |
Intentionally publishing an image of another person is prohibited by this law when the subject is:
|
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, |
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, |
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:
|
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:
|
Violations are punishable by up to two years in jail and/or a fine of up to $10,000. |
Maine Maine Criminal Code, |
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, |
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, |
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 Section 604.31 - Cause of action for nonconsensual dissemination of private sexual images 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, |
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, |
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, |
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, |
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:
|
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:
|
Class H Felony |
North Dakota |
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 |
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, |
This statute prohibits unlawful dissemination of an intimate image. | Class A Misdemeanor For repeated offenses: Class C Felony |
Pennsylvania Title 18 Pennsylvania Consolidated Statutes, |
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:
|
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:
|
Class A Misdemeanor |
Texas Texas Penal Code, |
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 |
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 |
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, |
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:
|
West Virginia Code of West Virginia, |
This law deals with sexually explicit images or intimate images of another person. It prohibits:
|
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.
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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