State Revenge Porn Laws

State

Statute(s)

Actions Prohibited

Possible Penalties

Alabama

Alabama Code, Section 13A-6-240

Distributing a private image of another person:

• Knowingly posting, texting, transmitting, or emailing a private image of another person
• When the other person has not consented
• And the depicted person had a reasonable expectation of privacy against distribution of the image

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

Harassment in the second degree:

• With intent to harass or annoy another person
• Publishes or distributes images of the other person that show the genitals, anus, or female breast 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

Unlawful disclosure of images:

• Intentionally disclosing the image of an identifiable person
• When the person is 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 1 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:

• Presumptive 2.5 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:

• The defendant must be 18 or older and distribute the image of another to third party
• The image must include sexual activity or a state of nudity
• The victim must be a family or household member or from a current or former dating relationship
• With the purpose to harass, threaten, intimidate, frighten, or abuse

Class A misdemeanors, punishable by up to one year in jail, a fine of up to $2,500, or both

California

California Penal Code, Section 647(j)(4)

California's disorderly conduct crime:

• Prohibits (among other things) 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 is 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

Posting a private image of another for harassment or financial gain:

• Bans anyone 18 or older from posting or distributing any photograph, video, or other image displaying the private intimate parts of an identifiable person 18 or older, or of that person engaged in sex acts
• With the intent to harass the depicted person and inflict serious emotional distress upon the depicted person
• The conduct must cause serious emotional distress

Violations are treated as a class 1 misdemeanor, punishable by:

• Up to 18 months in jail, and
• A fine of up to $5,000

Connecticut

Connecticut General Statutes, Section 53a-189c

Unlawful dissemination of an intimate image:

• Prohibits intentional dissemination of an intimate image of another's private parts or of another while engaged in sexual acts
• Without the victim's consent
• The victim must also claim to have suffered harm

Violations are treated as:

• Class A misdemeanor if disseminated to one other person. This is punishable by up to 364 days in jail, a $2,000 fine, or both, or
• Class D felony if disseminated to more than one other person and via computer service, information service, or telecommunications service. This is punishable by up to 5 years in prison, a $5,000 fine, or both

Delaware

Delaware Code Title 11, Section 1335

Violation of privacy offense:

• Knowing distribution of a nude or sexually explicit photo or video of someone else
• When there is no consent from the depicted person
• And where the person would have a reasonable expectation of privacy

Violations are treated as:

• Class A misdemeanor; punishable by up to 1 year in jail, a $2,300 fine, or both
• Class G felony, if aggravating factors are present, punishable by up to 5 years in prison

District of Columbia

DC Code, Section 22-2051 et. seq

Unlawful disclosure (misdemeanor) or unlawful publish (felony): Knowingly disclosing to five or fewer persons sexual images of another identifiable person when:

1. The person depicted did not consent to the disclosure of the sexual image, or
2. There was an agreement or understanding between the person depicted and the person disclosing that the sexual image would not be disclosed, or
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 (disclose to five or fewer), punishable by:

• A maximum fine of $1,000, and/or
• 180 days in jail

Felony (publish to six or more, or make available on the internet), punishable by:

• A fine of up to $12,500, and/or
• Three years in prison

Florida

Florida Statutes, Section 784.049(3)

The crime of sexual cyberharassment:

• 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
• With the intent of causing the depicted person emotional distress

Violations are treated as follows:

• First-degree misdemeanor, punishable by up to one year in jail, up to $1,000 fine, or both
• Subsequent offenses may bring a third-degree felony charge, punishable by up to 5 years in prison, $5,000 fine, or both

Georgia

Georgia Code, Section 16-11-90

Transmission of photograph or video depicting nudity of sexually explicit conduct of an adult:

• Knowingly and without consent
• Transmitting or posting photos of a person engaged in a sexual act, or in a state of nudity
• The transmission or posting is for 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, punishable by up to 12 months jail time, $1,000 fine, or both
• Subsequent offenses become a felony, punishable by one to five years in prison, a fine of up to $100,000, or both
• 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, a fine of up to $100,000, or both
• But subsequent offenses are a felony, punishable by two to five years in prison, a fine of up to $100,000, or both

Hawaii

Hawaii Revised Statutes, Section 711-1110.9

Violation of privacy in the first degree:

• Knowing disclosure or threat to disclose photos or videos of a person in the nude or engaging in sexual conduct without consent and with intent to harm, or as act of revenge or retribution

• Violations in the first-degree are a class C felony, punishable by up to 5 years in prison, $10,000 fine, or both
• Court can also order destruction or sealing of the photos or video

Idaho

Idaho Code, Section 18-6605(a)-(c)

Video voyeurism:

• With intent to annoy, terrify, harass, etc.
• Intentionally disseminate, publish or sell
• An image of another identifiable person whose intimate areas are exposed or who is engaged in a sex act
• Knowing the images were to be private
• Knowing the other person did not consent to the disclosure

Violations are a felony offense, punishable by up to 5 years in prison, up to $50,000 fine, or both.

Illinois

Illinois Criminal Code, Chapter 720 § 11-23.5 and Chapter 740 § 190/25

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
• Engaged in sexual activity or depicted with their intimate body parts exposed, in whole or in part
• Knows the image is private
• Knows there is no consent to release it

Violations are treated as a class 4 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

Distribution of intimate image crime:

• Distribute "intimate images" of another
• Without consent

First offense:

• Class A misdemeanor, punishable by up to 1 year in jail, up to $5,000 fine, or both

In cases where there is a prior unrelated conviction:

• Level 6 felony, punishable by 6 months to 2 and 1/2 years in prison, up to $10,000 fine, or both

Iowa

Iowa Code, Section 708.7 (1)(a)(5)

Crime of harassment:

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 does not consent to the dissemination, and must act with intent to intimidate, annoy, or alarm the other person.

Aggravated misdemeanor:

• Up to two years in jail, and
• A fine of up to $8,540
• Possibility for sex offender registration

Kansas

Kansas Statutes, Section 21-6101(a)(8)

Crime of breach of privacy:

• Knowingly and without lawful authority
• Disseminate a video, photo, film, or image of another (who is identifiable and over 18)
• Where the subject is nude or engaged in sexual activity
• Where there is an expectation of privacy
• There was no consent to distribute
• And the offender acts with intent to harass, annoy, or alarm

Kansas uses Sentencing Guidelines:

• First offense: Severity Level 8 Personal Felony, punishable by 7-23 months in prison, a fine of up to $100,000, or both
• Second offense: Severity Level 5 Personal Felony, punishable by 31-136 months in prison, a fine of up to $300,000, or both

Kentucky

Kentucky Statutes, Section 531.120

Disseminating sexually explicit images without consent:

• Distribute to 3rd party
• Private erotic matter
• Without written consent of depicted person
• With intent to profit, harm, harass, etc.
• Where disclosure would cause a reasonable person harm

First offense:

• Class A misdemeanor, punishable by up to 12 months in jail, up to $500 fine, or both

Subsequent offenses:

• Class D felony, punishable by 1-5 years in prison, fine up to $10,000, or both. If the offender distributes the material for profit or gain, the degree and potential penalties increase

Louisiana

Louisiana Revised Statutes, Section 14:283.2

Nonconsensual disclosure of a private image:

• Intentional disclosure of an image of another person who is 17 or older
• The person is identifiable; the image shows the depicted person with intimate parts exposed in whole or in part
• A reasonable person would know it was to remain private
• There was no consent from the depicted person
• Committed with intent to harass or cause emotional distress

Violations are punishable by up to two years in jail, a fine of up to $10,000, or both.

Maine

Maine Criminal Code, 17A MRSA Section 511-A

Unauthorized dissemination of certain private images:

• With intent to harass, torment, or threaten the depicted person or another
• Knowingly disseminate, display, or publish
• A photo, video, film, or digital recording
• Of the depicted person in a state of nudity or engaged in a sex act
• When the depicted person is identifiable and has not consented to the dissemination

Class D crime, punishable by up to one year in county jail, a fine of up to $2,000, or both.

Maryland

Maryland Criminal Law Code, Section 3-809

Revenge porn prohibited:

• Knowing distribution of a visual representation
• Of an identifiable person
• That displays the other person's exposed intimate parts or said person engaged in a sex act
• When the offender has intent to harm, harass, intimidate, threaten, or coerce
• When the other person did not consent to the distribution
• When the other person had a reasonable expectation that visual depiction would remain private

Misdemeanor, punishable by up to two years in jail, a fine of up to $5,000, or both.

Massachusetts

None

There is no specific revenge porn law in Massachusetts at present.

Not applicable

Michigan

Michigan Codified Laws, Section 750.145e

Dissemination of sexually explicit visual material:

• With intent to threaten, coerce, or intimidate
• Disseminate any sexually explicit visual material of another who is 18 or older
• When the depicted person is identifiable and has not consented
• Under circumstances where a reasonable person would know the depicted person wanted the material to remain private

Misdemeanor offense, punishable by up to 93 days in jail, or a fine of up to $500.

For a second or subsequent violation, penalties increase to up to one year in jail, a fine up to $1,000, or both.

Minnesota

Minnesota Statutes, Section 617.261 - Crime Section 604.31 - Civil cause of action for nonconsensual dissemination of private sexual images Section 609.748 -Harassment & restraining orders

Nonconsensual dissemination of private sexual images:

• Intentional dissemination of an image of another person
• The image depicts the other person in a sex act or with their intimate parts exposed
• The person is identifiable, and the offender knows they did not consent
• The offender knows the other person had a reasonable expectation to keep the image private

Violations are treated as gross misdemeanors, punishable by a fine up to $3,000.

Violations are treated as a felony under certain circumstances, including if the material causes financial loss, is characterized by intent to profit or intent to harass, or is posted to a porn site.

The victim may file for civil damages and other relief.

Civil penalties are capped at $10,000, and any additional value equal to court costs, court fees, and reasonable attorney fees.

Mississippi

Mississippi Code Annotated, Section 97-29-64.1

Depiction of person's intimate parts:

• Without consent
• With purpose to cause harm
• Disclose visual material of another's intimate parts or of another engaged in a sex act
• Knowing that the other person had a reasonable expectation of privacy and the other person was identifiable in the material
• Also prohibits threats of disclosure made for benefit and posting on a website or other forum owned by the offender

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, Section 573.110 & 573.112

Nonconsensual dissemination of private sexual images:

• With intent to harass, intimidate, or coerce
• Disseminate an image of another who is at least 18 and identifiable from the image
• Who is engaged in a sex act or with intimate parts exposed
• The other person gave no consent
• The other person had reasonable expectation of privacy in the image

Offenses are treated as a class D felony, punishable by up to seven years in state prison, a fine of up to $10,000, or both.

Crime is also subject to forfeiture provisions.

Threats to disclose private sexual images is a class E felony.

The victim can also pursue a private cause of action for civil damages. Recovery can be $10,000 or actual damages, whichever is greater.

Montana

Montana Code Annotated, Section 45-8-213 (1)(d)

Privacy in communications:

• With purpose to terrify, intimidate, threaten, harass, or injure
• Publish or distribute photos or images with an identifiable person
• When the depicted person is engaged in a real or simulated sex act or when depicted person's intimate parts are exposed
• Without the depicted person's consent

Violations begin as misdemeanor but can become a felony when repeated.

First offense is punishable by a fine of up to $500, up to six months jail time, or both.

Second offense is punishable by a fine of up to $1,000, up to one year jail time, or both.

Third and later offense is punishable by up to $10,000 fine, up to five years in prison, or both.

Nebraska

Nebraska Revised Statutes, Section 28-311.08, Section 25-3503

Unlawful intrusion:

• Knowing and intentional
• Distribution of image or video of another person's intimate parts or another person engaged in sexually explicit conduct
• When the other person had reasonable expectation of privacy
• Knowing the other person does not consent to distribution
• Distribution serves no legitimate purpose

First offense:

• Class I misdemeanor, punishable by up to one year in jail, up to $1,000 fine, or both

Subsequent violation:

• Class IV felony, punishable by up to two years in prison, up to $10,000 fine, or both

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

Unlawful dissemination of intimate image:

• With intent to harass, harm, or terrorize
• Electronically disseminate or sell
• Intimate image of another
• When the other person has a reasonable expectation of privacy in the image, did not consent, and was 18 or older at the time the image was created

Class D felony offense, punishable by one to four years in prison, and a fine of up to $5,000, or both.

New Hampshire

New Hampshire Revised Statutes, Section 644:9-a

Nonconsensual dissemination of private sexual images:

• Purposeful conduct with intent to harass, intimidate, threaten, or coerce
• Disseminate private sexual image of depicted person who is identifiable and engaged in sexual act or where intimate parts are exposed
• When image obtained in manner where there is reasonable expectation of privacy
• Knowing the depicted person does not consent to dissemination

Class B felony, punishable by one to seven years in state prison, a fine of up to $4,000, or both.

Law provides for forfeiture of property.

New Jersey

New Jersey Code, Section 2C:14-9

Invasion of privacy:

at Section (c)

• Knowing not licensed or privileged to do so
• Discloses an image of a person whose intimate parts are exposed or of a person engaged in a sex act
• Without the person's consent and under circumstances where a person would expect privacy

Crime of the third degree, punishable by three to five-10 years in state prison, a fine of up to $15,000, or both.

New Mexico

New Mexico Statutes, Section 30-37A-1

Unauthorized distribution of sensitive images:

• Distribute, publish, or otherwise make available by electronic communication device or other means
• Sensitive images of another person, where the person is identifiable and has not consented
• With intent to harm, humiliate, or intimidate that person
• Where conduct would cause a reasonable person to suffer substantial emotional distress

First offense:

• Misdemeanor, punishable by term of jail less than 1 year, a fine of up to $1,000, or both

Second offense:

• Felony of the fourth degree, punishable by up to 18 months in prison, a fine of up to $5,000, or both

New York

Consolidated Laws of New York, Section 245.15

Unlawful dissemination or publication of an intimate image:

• With intent to cause harm to the emotional, financial, or physical welfare of another
• Intentionally disseminate or publish an image of another engaged in a sex act or of another's exposed intimate parts
• Where the person had a reasonable expectation that the image would remain private
• Includes digital alterations of the image

Class A misdemeanor, punishable by up to 364 days in jail, a fine of up to $1,000, or both.

North Carolina

General Statutes, Section 14-190.5A

Disclosure of private images:

• Knowing disclosure of a private image of an identifiable other person
• With intent to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person, or cause others to do the same
• Image exposes intimate parts of depicted person or shows depicted person engaged in a sex act
• Without consent to disclose and under circumstances where offender should know the image is private

Class H felony, punishable by up to 3 years in state prison, a fine, or both.

Civil action for actual and punitive damages is also available.

North Dakota

North Dakota Century Code, Section 12.1-17-07.2

Distribution of intimate images without consent:

• Knowing and intentional distribution to a third party
• Of any intimate image of a person age 18 or older
• With no consent to do so
• When the intimate image was created or provided to offender under circumstances showing depicted person had a reasonable expectation of privacy
• Depicted person suffers actual emotional distress or harm due to distribution

.

Class A misdemeanor, punishable by up to 360 days in jail, a fine up to $3,000, or both.

Ohio

Ohio Revised Code, Section 2917.211(B)

Nonconsensual dissemination of private sexual images:

Knowing dissemination of an image of another person when all of the following apply:

1. Depicted person is 18 years or older
2. Depicted person can be identified in the image
3. Depicted person is in a state of nudity or engaged in a sex act
4. Dissemination occurs without the depicted person's consent
5. Dissemination is with intent to harm the depicted person

First offense:

• Third-degree misdemeanor, punishable by up to 60 days in jail, up to $500 fine, or both

Second offense:

• Second-degree misdemeanor, punishable by up to 90 days in jail, fine up to $750, or both

Subsequent Offenses:

• First-degree misdemeanor, punishable by up to 180 days in jail, up to $1,000 fine, or both

Forfeiture of property available. Civil action available.

Oklahoma

Oklahoma Statutes, Section 1040.13b

Nonconsensual dissemination of private sexual images:

• Intentional dissemination of an image of another
• When offender is 18 or older
• When image identifies the other person and shows the other person engaged in a sex act or with exposed intimate parts
• Where offender acts with intent to harass, intimidate, or coerce
• Where image obtained under circumstances where there was reasonable expectation it was private
• Offender knows or has reason to know that other person did not consent to dissemination

Misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both.

If committed for financial gain, a felony offense, punishable by up to four years in prison. A second felony offense can lead to up to 10 years in prison and sex offender registration.

Oregon

Oregon Revised Statutes, Section 163.472

Unlawful dissemination of an intimate image:

• With purpose to harass, humiliate, or injure another
• Knowingly cause the disclosure of an identifiable image where other person has intimate parts visible or is engaged in sex act
• When offender knows or should know that there is no consent to disclose
• When other person suffers harassment, humiliation, or injury from disclosure
• And it is reasonable for other person to suffer such harassment, humiliation, or injury from the disclosure

Class A misdemeanor, punishable by up to 364 days in jail, up to $6,250 fine, or both.

For second and later offenses:

Class C felony, punishable by up to five years in prison, up to $125,000 fine, or both.

Pennsylvania

Pennsylvania Consolidated Statutes, Title 18 Section 3131

Unlawful dissemination of intimate image:

• With intent to harass, annoy, or alarm
• Current or former sexual or intimate partner
• Disseminate a visual depiction of that person in a state of nudity or engaged in a sexual act
• Affirmative defense that person consented to the dissemination

If victim is an adult (18 years or older), then second-degree misdemeanor, punishable by up to two years in jail, a fine of up to $5,000, or both.

If victim is a minor (under 18 years of age), then first-degree misdemeanor, punishable by up to five years in jail, a fine of up to $10,000, or both.

Rhode Island

Rhode Island General Laws, Section 11-64-3

Unauthorized dissemination of indecent material:

• Intentionally disseminate, publish, or sell
• Visual image that depicts another person who is 18 years or older and is engaged in a sex act or that shows intimate area of that person
• Where the visual image was made under circumstances where a reasonable person would know it was private
• The dissemination occurred without consent of the depicted person
• The dissemination occurred with knowledge or with reckless disregard of the likelihood that the depicted person would suffer harm or with the intent to harm, intimidate, threaten, or coerce the depicted person

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 up to $3,000

If the violation involves financial benefit or requires financial payment to remove from public view:

• Felony, punishable by up to five years in prison and/or a fine of up to $5,000

South Carolina

None

There is no specific revenge porn law in South Carolina.

Not applicable

South Dakota

South Dakota Statutes, Section 22-21-4

Under this privacy statute, the following acts are illegal:

• Using a device to photograph or visually record another person (or later disclose or disseminate)
• When that person is nude or engaged in a sex act
• Without the person's consent
• With purpose to self-gratify, harass, or embarrass, or invade the other's privacy
• Under circumstances where the other person has a reasonable expectation of privacy
• Also, prohibits manipulating such image to falsely depict person in state of nudity or sex act and then distributing or selling the image or recording

Class 1 misdemeanor, punishable by up to one year in jail, a fine of up to $2,000, or both.

If the victim is 17 years old or younger:

• Class 6 felony, punishable by up to two years in prison, a fine of up to $4,000, or both

Tennessee

Tennessee Code, Section 39-17-318

Unlawful exposure:

• With intent to cause emotional distress
• Distribute an image of the intimate parts of another identifiable person or of an identifiable person engaged in sexually explicit conduct
• When the image was taken under circumstances where person understood the image would remain private
• The person depicted in the image suffers emotional distress

Class A misdemeanor, punishable by up to 11 months and 29 days in jail, a fine of up to $2,500, or both.

Texas

Texas Penal Code, Section 21.16

Unlawful disclosure or promotion of intimate visual material:

• Without effective consent of the depicted person and with intent to harm that person
• Intentionally disclose visual material depicting that person with their intimate parts exposed or engaged in sexual conduct
• At time of disclosure, know or have reason to believe that the material was obtained by the person or created under circumstances where the depicted person had a reasonable expectation it would remain private
• The disclosure causes harm to the depicted person
• The disclosure identifies the depicted person
• The law also prohibits threats to disclose such material for benefit and knowing promotion of such material to a website or forum owned by the offender

State jail felony, punishable by jail time of 180 days to two years, a fine of up to $10,000, or both.

Utah

Utah Criminal Code, Section 76-5b-203

Distribution of intimate image:

• Knowingly or intentionally distribute to third party or knowingly duplicate or copy
• An intimate image of a person who is 18 years or older
• Knows or should know that the distribution or copying would cause a reasonable person to suffer emotional distress or harm
• Without consent of the depicted person
• Image created or provided under circumstances in which the depicted person had a reasonable expectation of privacy
• Actual emotional distress or harm to depicted person as a result

Class A misdemeanor, punishable by up to 364 days in jail, a fine of up to $2,500, or both.

For second and later offenses, felony of the third degree, punishable by up to five years in prison, a fine of up to $5,000, or both.

Vermont

Vermont Statutes, 13 V.S.A. Section 2606

Disclosure of sexually explicit images without consent:

• Knowingly disclose a visual image of an identifiable person
• When person is nude or engaged in sexual conduct
• Without consent of the depicted person
• With intent to harm, harass, intimidate, threaten, or coerce the depicted person
• Disclosure would cause a reasonable person harm

Violations of the statute are punishable by up to two years in jail/prison, a fine of up to $2,000, or both.

If the offender disseminates the material for profit, the offense is punishable by up to five years jail/prison, a fine of up to $10,000, or both.

Civil action available for victim, including damages and injunctive relief.

Virginia

Code of Virginia, Section 18.2-386.2

Unlawful dissemination or sale of images of another:

• With intent to coerce, harass, or intimidate
• Maliciously disseminate or sell
• Any videographic or still image of another person
• That depicts the other person as totally nude, or in a state of undress so to expose genitals, pubic area, buttocks, or female breast
• Where offender knows they are not licensed or authorized to disseminate or sell such material
• Image of another person depicts the actual person and is recognizable as such

Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both.

Washington

Washington Revised Code, Section 9A.86.010

Disclosing intimate images:

• Knowingly disclose an intimate image of another person
• Having obtained such an image under circumstances in which reasonable person would know or understand the image was to remain private
• Knowing or should have known that the depicted person has not consented to the disclosure
• Knowing or reasonably should know that the disclosure would cause harm to the depicted person

First offense:

• Gross misdemeanor, punishable by up to 364 days in jail, a fine of up to $5,000, or both

Second offense or later:

• Class C felony, punishable by up to five years in prison, a fine of up to $10,000, or both

West Virginia

Code of West Virginia, Section 61-8-28a

Nonconsensual disclosure of private intimate images:

• Knowingly and intentionally
• Disclose, cause to be disclosed, threaten to disclose
• With intent to harass, intimidate, threaten, humiliate, embarrass, or coerce
• An image of another person which shows the intimate parts of said person or shows said person engaged in sexually explicit conduct
• The image captured under circumstances where said person had a reasonable expectation it would not be disclosed to the public

Misdemeanor, punishable by up to one year in jail, a fine of $1,000 to $5,000, or both.

Second or later offense, punishable as a felony, up to three years in prison, a fine of $2,500 to $10,000, or both.

Wisconsin

Code of Wisconsin, Section 942.09

Representations depicting nudity:

• Post, publish or cause to be posted or published
• A private representation (nude or partially nude person or depiction of person engaged in a sex act intended for only the party it was originally sent)
• If offender knows that the person depicted does not consent to the posting or publication

Class A misdemeanor, punishable by up to nine months in jail, a fine of up to $10,000, or both.

Class I felony (if the victim is under 18 years old), punishable by up to three years and six months in prison, a fine of up to $10,000, or both.

Wyoming

Wyoming Statutes, Section 6-4-306

Unlawful dissemination of intimate images:

• Being 18 years of age or older
• Disseminate an intimate image of another person
• Knowing or should have known that the depicted person had a reasonable expectation that the image would remain private
• And the depicted person did not consent to the dissemination
• Offender intended to humiliate, harm, threaten, intimidate, or coerce the other person or intended act for sexual gratification or arousal of others or of the offender

Misdemeanor, punishable by up to 1 year in jail, a fine up to $5,000, or both.