Is Revenge Porn a Crime? Revenge Porn State & Federal Laws Explained Featured Image

Is Revenge Porn a Crime? Revenge Porn State & Federal Laws Explained

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What would you do if you searched your name online and found nude photos of yourself in your search results? Images that you either did not know about or did not believe would ever be shown to anyone else? This is unfortunately an increasing reality for many people who are victims of nonconsensual pornography or “revenge porn.”

If someone has posted explicit images of you online without your consent, it is important to remember that it is not your fault. Someone has violated your right to privacy and you have legal options available to address it. In this article, we will explore the general legal landscape of revenge porn laws in the United States and some legal options available to revenge porn victims.

At Minc Law, we have extensive experience helping revenge porn victims remove explicit content from the internet and pursue legal action against the offender. We can walk you through a range of legal options to help you fight back against the perpetrators, remove your content from the internet, and other remedies to provide victims with the support they need to recover from the damage revenge porn inflicts.

What is Revenge Porn?

The legal term for revenge porn is “nonconsensual pornography.” It is the distribution of intimate images of someone without their consent. “Revenge porn” can be a misnomer because not all instances of nonconsensual pornography are motivated by revenge.

If someone publishes or shares explicit images of you without consent, you may be able to pursue criminal charges or civil claims against them.

What Qualifies as Revenge Porn?

The classic example of nonconsensual pornography is the publication of nude images to get back at a former romantic partner for some perceived slight. The key in any revenge porn case is whether the intimate images were published without the subject’s consent.

Generally speaking, images or videos that are depictions of someone nude or engaged in a sexual act can qualify as revenge porn. Some states have specific requirements about how exposed an individual must be in the images for the images to be considered explicit enough to qualify as revenge pornography, but most states follow that general definition.

Publishing Intimate Images on Shaming & Pornography Websites

Many adults admit to sexting with a romantic partner during their relationships. If, for example, you send your partner a nude image of yourself. Your partner saves the photo, perhaps for non-malicious reasons. But, then your relationship ends badly – your partner decides to get back at you for ending the relationship, so they send your nude photo to your employer or publish it on social media. This is revenge porn.

Other examples can include publishing nude images for reasons other than revenge. We have seen cases where a current partner or spouse publishes your photos in online forums, not to intentionally harm you, but because they are bragging about how attractive you are. What the partner does not realize is that within seconds, other people in the forum will save the photos and republish them on other websites.

Revealing Intimate Text Messages Without Consent

Perhaps you are in a long-distance relationship and you and your partner regularly send each other intimate messages. You exchange videos or explicit photos because you trust your partner.

It is not until later that you discover your partner published the images and/or your messages online. They did not ask you for permission or tell you about it beforehand. You may have sent the images consensually, but you did not give your partner consent to distribute those images. This is another classic example of nonconsensual pornography and is all too common.

Stolen or Hacked Photos From Your Devices

Say that you enjoy exercising and track your progress by taking photos of yourself. Or maybe you just were feeling good about your body one day and took photos of yourself in a sports bra or in underwear. You do not send the photos to anyone – you keep them saved in your camera roll or in an app, like Snapchat.

Somehow, while you are unaware, someone hacks into your iCloud or app and steals the photos. They then sell them, publish them online, or use those photos to try to extort you for money in exchange for a promise not to release them.

This type of nonconsensual pornography can rise to the level of sextortion and has been on the rise in recent years.

What Does Not Qualify as Revenge Porn?

While every case is different and the circumstances can vary widely, not every publication of an explicit image qualifies as revenge porn. This is primarily where the subject has in some way given the publisher their consent to distribute the image. Below are two common examples.

Publication of Photos With Written Consent

When you were younger, you decided you needed to earn some extra income and found that one lucrative way to earn that income would be to participate in nude modeling, adult films, or online cam videos. You probably signed some sort of written consent or disclaimer before the photoshoot, which will have granted the producers permission to publish the images.

However, now that you have a new career or perhaps have a family, you want to ensure that these images do not resurface. Provided that you were not coerced into signing that disclaimer, you will likely be found to have consented to the publication of your images.

You may still have legal options to remove those images, but you were not a victim of nonconsensual pornography. Your legal options and the path to removal are vastly different.

How Prevalent is Revenge Porn?

Revenge porn is unfortunately an increasingly common practice in the United States and around the world.

In studies conducted in 2017, in conjunction with the Cyber Civil Rights Initiative, one in eight adult social media users reported being a victim of revenge porn. One in twenty users admitted to distributing revenge porn images. Sixty percent of revenge porn victims additionally reported being doxed – where their full name, location, place of work, and/or contact information were published along with the explicit images. Thirty percent of victims reported being victimized by someone other than a romantic partner.

The most at-risk groups for revenge porn are individuals within the age of 17-29, women, and LGBTQ+ individuals.

One in 25 Americans has been a victim of threats or posts of nearly nude or nude images without their permission. Among internet users who identify as LGBTQ, 15% say someone has threatened to share nude or nearly nude images of them without their permission, at a rate that is 2% higher than among heterosexual internet users.

Unfortunately, many revenge porn victims do not immediately come forward to ask for help or report the crimes when they discover their photos were published without their consent. In a study conducted in 2019, 73% of revenge porn victims said they did not ask for help when they discovered the photos. Of those, 53% of women reported that they did not seek help because they were embarrassed or afraid of reprisal, compared to 17.2% of men. Conversely, 59% of men reported that they did not seek help because the publication simply did not bother them, compared to 12.58% of women.

What Impact Does Revenge Porn Have on Victims?

Revenge porn and other forms of nonconsensual pornography can have devastating effects on a victim’s life. Victims often experience high levels of depression, anxiety, and even thoughts of self-harm. These psychological effects can rise to similar levels experienced by victims of other forms of sexual assault or exploitation.

In addition to psychological harm, victims are frequently doxed, where their personal information is published along with their content, and so are subjected to extensive harassment, stalking, and even extortion from anonymous people who find their content online.

If you are experiencing thoughts of self-harm, please know that there are resources available to help you. Several of those resources are listed at the conclusion of this article, but you can additionally contact the Suicide and Crisis Lifeline by calling 988 if you need urgent mental health assistance.

Additionally, if you were a minor when the images were produced, you can contact the National Center for Missing and Exploited Children to file a report. They will be able to provide additional assistance and resources, including by forwarding your report to law enforcement, if applicable.

Internet Defamation Lawyer Checklist

Legal Framework Addressing Revenge Porn in the United States

What many victims do not realize is that they do have legal recourse and ways to recover from the damage revenge porn causes.

Almost every state has at least a law that criminalizes revenge porn. While state laws vary on whether revenge porn victims can pursue civil claims, a recently-enacted federal civil statute allows most victims to file a lawsuit against the perpetrators to seek court orders prohibiting the offender from continuing to distribute the images, and/or seek monetary damages against the offender.

For more information on revenge porn lawsuits, please see our comprehensive guide ‘How to File a Revenge Porn Lawsuit’.

State Laws Addressing Revenge Porn

Primarily starting around 2013, most states began to recognize the harm revenge porn causes and have since enacted criminal and civil laws addressing it. Forty-eight states currently have laws criminalizing revenge porn.

New Jersey was the first state to enact a law criminalizing revenge porn in 2004 – almost ten years before the majority of states. Virginia and California began enacting criminal and civil laws in 2013 and 2015 respectively, after which most states followed. Massachusetts and South Carolina have recently considered bills that would criminalize revenge porn, but as of the date of this article, neither have enacted the laws. Criminal penalties for revenge porn can vary widely between states from low-level misdemeanors to felonies.

Some states have additionally enacted civil laws which allow a revenge porn victim to file a lawsuit against the offender(s). Victims can seek financial compensation for their injuries, injunctions, or related court orders requiring the offenders to delete the images and/or stop further publication of the images. Even if you do not live in a state that has a civil revenge porn law, you may still be able to bring a lawsuit for civil claims such as invasion of privacy, intentional infliction of emotional distress, or related civil claims.

The law has been slow to address revenge porn claims. Despite almost every state having laws on the books that can provide victims with some relief, it is still a crime that is not often prosecuted. Most revenge porn laws also make exceptions, where the distribution of an explicit image without the subject’s consent is not actionable. This can include, for example, if you send a photo to the police as part of filing a police report or otherwise for a lawful purpose. It is important to consult with attorneys with experience in this area to fully understand your legal options.

Use the map below to see if your state has laws criminalizing revenge porn.

revenge porn law interactive map key

Revenge Porn Laws by State

StatePenaltyAboutStatute/tort
AlabamaFirst offense is a Class A Misdemeanor (punishable by up to one year in jail); subsequent offenses are Class C Felony (punishable by up to ten years of incarceration)Prohibits distributing a private image of another person, including knowingly circulating a private image with the intent to harass, threaten, coerce, or intimidate the subject of the content.AL Code § 13A-6-240
AlaskaClass B Misdemeanor (punishable by up to 90 days in jail and/or $2,000 fine)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.AZ Rev. Stat. § 13-1425
ArizonaClass 5 Felony; Class 4 Felony if image is disclosed electronically (punishable by 1.5 years in prison, a fine of up to $150,000, and possible registration as a sex offender); Threats to disclose are treated as a Class 1 MisdemeanorProhibits 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.AZ Rev. Stat. § 13-1425
ArkansasClass A Misdemeanor (punishable by up to one year in jail, and/or a fine of up to $2,500)Prohibits unlawful distribution of sexual images or recordings.AR Code, § 5-26-314
CaliforniaMisdemeanor (punishable by a maximum of one year in jail and/or a fine of up to $1,000)Prohibits distributing images or videos of another person’s intimate body parts without the person’s consent. The person distributing the material must do so with the intent to cause 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.CA Penal Code § 647(j)(4)
ColoradoClass 1 Misdemeanor (punishable by up to 364 days in jail and a mandatory fine of $10,000)Prohibits 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.CO Rev. Stat. § 18-7-107, § 18-7-108
ConnecticutClass A Misdemeanor (punishable by up to one year in prison and/or a potential fine of up to $2,000)Prohibits unlawful dissemination of an intimate image with intent to cause harm and without the victim’s consent.CT Gen. Stat. § 53a-189c
DelawareClass A Misdemeanor (punishable by up to one year in jail and/or a fine of up to $2,300), Class G Felony if aggravating factors are present (punishable by up to two years in jail and/or a fine)Prohibits posting a nude or sexually explicit photo or video of someone on the internet without their consent.11 DE Code § 1335
FloridaFirst 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 penaltiesProhibits publishing a sexually explicit image of another person along with personal identifying information of the depicted person’s content, for no legitimate purpose, and with the intent of causing the depicted person emotional distress.FL Stat. § 784.049
GeorgiaAggravated 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 posed 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)Prohibits knowingly and without consent transmitting or posting photos of person engaged in a sexual act, and the transmission or posting is harassment or cause financial loss to the depicted person and serves no legitimate purpose to the depicted person.GA Code § 16-11-90
HawaiiFirst degree violations are a Misdemeanor, second degree violations are a Class C Felony (punishable by up to 5 years in prison and a fine)Prohibits 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.HI Rev. Stat. § 711-1110.9
IdahoFelonyProhibits publishing an image of the intimate areas of another person without their consent. The images must be published intentionally or with reckless disregard and the offender must have known that the images were meant to be private.ID Code § 18-6605
IllinoisFelony (punishable by 1-3 years in prison and/or a fine of up to $25,000)Prohibits intentionally publishing an image of another person who is at least 18 years old, identifiable from the image itself or information displayed in connection with the image, and engaged in sexual activity or depicted with intimate body parts exposed in whole or in part.720 ILCS 5/11-23.5
IndianaFirst offense is a Class A Misdemeanor; If there is a prior unrelated conviction under this section of the Indiana Criminal Code, it is a Level 6 FelonyProhibits distributing “intimate images,” defined as those featuring a person in the nude or engaged in sexual activity.IN Code §35-45-4-8
IowaAggravated Misdemeanor (punishable by up to two years in jail and a fine of up to $8,540)Prohibits disseminating or publishing – or causing to disseminate or publish – a photograph or film showing another person in a state of full or partial nudity or engaged in sexual activity. The offender must also know that the victim has not consented to the circulation of the material.IA Code § 708.7
KansasFirst offense is Presumptive Probation; Second offense is Felony Blackmail (punishable by up to six years in prison)(This law pertains to privacy issues) Prohibits uploading sexual photos or videos of another person without their permission.KS Stat. §21-6101(a)(8)
KentuckyFirst offense is a Class A Misdemeanor; subsequent offenses are a Class D Felony; if offender profits off the distribution of the material it is a Class D Felony and each subsequent offense for profit is a Class C FelonyProhibits distributing sexually explicit images without the subject’s consent.KY Rev. Stat. § 531.120
LouisianaViolations are punishable by up to two years in jail and/or a fine of up to $10,000Prohibits 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 expectations of privacy. Offender must have intent to harass, threaten, or intimidate the subject of the material. The subject must not have consented to the publication of the material. This law also prohibits allowing for the dissemination of such content.LA Rev. Stat. § 14:283.2
MaineClass D Misdemeanor (punishable by up to one year in jail and/or a fine of up to $2,000)Prohibits transmitting sexually explicit photos of a person on the internet without their consent.17-A ME Rev. Stat. § 511-A
MarylandMisdemeanor (punishable by up to two years in jail and/or a fine of $500)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 know that the victim did not consent to the placement of the content on the internet and the victim must have had a reasonable expectation that the content would be kept private.MD Crim. Law Code § 3-809
MassachusettsNoneThere is currently no law protecting the citizens of MassachusettsN/A
MichiganViolations punishable by up to 93 days in jail and/or a fine of up to $1,000. Subsequent violations are a Misdemeanor (punishable by up to one year in prison and/or a fine of up to $1,000)Prohibits posting images or video recordings of a sexual nature online, without someone’s consent. Offender must post the content intentionally and with intent to threaten, coerce, or intimidate the subject of the material. The offense should have know that the subject was under a reasonable expectation of privacy and the subject must be identifiable in the content.MI Comp L § 750.145e
MinnesotaViolations are a Gross Misdemeanor (punishable by up to one year in jail and/or a fine of $1,000); If material causes financial loss, is characterized by intent to profit or intent to harass, or was posted to a porn site, violations are a Felony; Victim may be entitled to damages related to relevant financial losses or mental anguish; Damages may also be equal to any profit made by the person who intentionally disclosed the image; Civil penalties are capped at $10,000 and costs/fees.Prohibits intentionally disseminating a private sexual image of another person without the subject’s consent when the subject (1) has intimate body parts exposed in full or in part, (2) is identifiable, and (3) had a reasonable expectation of privacy. Subject’s consent to the creation of the content is not a viable defense against offender’s liability.MN Stat § 617.261
MississippiFirst offense is a Misdemeanor (punishable by up to six months in a county jail and/or a fine or up to $1,000); subsequent offenses are a Felony (punishable by up to one year in prison and/or a fine of up to $2,000); Offenses for financial profit are also a FelonyProhibits circulating images or video depicting a person’s intimate body parts.Miss. Code §97-29-64.1
MissouriClass D Felony. Civil damages available but may not exceed $10,000. If victim is entitled to actual damages they will be awarded the larger of the two amounts ($10,000 or actual damages)Prohibits threatening the nonconsensual dissemination of private sexual images, circulating such content for the purpose of coercing or attempting to coerce another person, or obtaining such content in circumstances a reasonable person would understand the image was to remain private or was obtained against the will of the that person. The offender must be attempting to derive financial or other gain from the content. The subject must be identifiable from the image or the information associated with the image and the subject must be engaged in sexual activity or have their intimate body parts exposed in whole or in part.MO Rev. Stat. § 573.110 and § 573.112
MontanaFirst violation punishable by a fine of $500 and/or imprisonment in county jail for up to six months; Second violation is punishable by a fine of up to $1,000 and/or imprisonment in county jail for up to one year; Third and subsequent violations punishable by a fine of up to $10,000 and up to five years in state prison(This law is about privacy and communications) Prohibits publication of private images.MT Code § 45-8-213
NebraskaFirst offense is a Class I Misdemeanor, subsequent violation is a Class IV Felony.Prohibits distributing images or videos of another person’s intimate body parts or of another person engaged in sexual activity. Offender must do so knowingly and intentionally and must have known that the subject did not consent to making the content public. Subject must have had a reasonable expectation the image would remain private. The content must have served no legitimate purpose.NE Code § 28-311.08 and § 25-3503
NevadaViolations punishable by one to four years in Nevada State Prison and/or a fine of up to $5,000Prohibits electronically disseminating or selling images or videos of another person that are intimate in nature. Subject must have (1) not given prior consent to the electronic dissemination or sale of the content, (2) had a reasonable expectation that the intimate content would be kept private, and (3) been at least 18 years of age at time content was created.NV Rev. Stat. § 200-780
New HampshireClass B FelonyProhibits the nonconsensual dissemination of private sexual images with the intent to harass, intimidate, threaten, or coerce the subject of the content.NH Rev. Stat. § 644:9-a
New JerseyFelony (punishable by three to five years in prison and/or a fine of up to $15,000)Prohibits making a nonconsensual recording that reveals another person’s intimate body parts or shows another person engaged in sexual activity without their consent.NJ Rev. Stat. § 2C:14-9
New MexicoFirst offense is a Misdemeanor, second offense is a FelonyProhibits distributing sensitive images without authorization via distribution, publication, using electronic communications to broadcast, and making such content publicly available by other means.NM Stat. § 30-37A-1
New YorkClass A MisdemeanorProhibits the dissemination or publication of an intimate image and the publication of images or videos of a person engaged in sexual activity without their consent.NY Penal L § 245.15
North CarolinaClass H FelonyProhibits knowingly disclosing a sexual image of another person with the intent to either (1) coerce, harass, intimidate, demean, humiliate, or cause financial loss to the subject of the content, or (2) cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the subject when the subject is identifiable from the image or the information connected to the image.NC Gen. Stat. § 14-190.5A
North DakotaClass A MisdemeanorProhibits disclosing nude or sexual images of a person without the person’s consent and with the intent to identify the person and cause harm.ND § 12.1-17-07.2
OhioFirst offense is a Third Degree Misdemeanor; Second offense is a Second Degree Misdemeanor; Subsequent offenses are First Degree Misdemeanors. When the offender is under the age of 18 and the subject of the image is less than 5 years older than the offender, the offender will not be prosecuted. Civil remedies include the recovery of damages regardless of whether the offender profited from circulating the material of the victim.Prohibits nonconsensual dissemination of private sexual images.OH Rev. Code § 2917.211
OklahomaMisdemeanor (punishable by up to one year in jail and/or a fine of up to $1,000)Prohibits disseminating private sexual images of a person without that person’s consent.21 OK Stat. § 1040.13b
OregonClass A Misdemeanor; repeated offenses are a Class C FelonyProhibits the unlawful dissemination of an intimate image.OR Rev. Stat. § 163.472
PennsylvaniaViolations punishable by a fine of up to $5,000 and/or up to one year in prisonProhibits publishing any sexually explicit image with the intent of causing the subject distress and without the consent of the subject.18 PA Cons. Stat. § 3131
Rhode IslandFirst violation is a Misdemeanor (punishable by up to one year of imprisonment and/or a fine of up to $1,000); Subsequent violations are a Felony (punishable by up to three years in prison and/or a fine of $3,000); Violations involving blackmail are punishable by up to five years in prison and/or a fine of up to $5,000Prohibits the unauthorized dissemination of indecent material when an offender intentionally circulates content of an identifiable person over 18 years of age that is sexually explicit or features intimate body parts. The content must have been created with the reasonable expectation that the content would remain private and it must have been published without the subject’s consent and will reckless disregard for the likelihood the subject would suffer harm as a result of the publication. 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.RI Gen. L § 11-64-3
South CarolinaN/AN/AN/A
South DakotaClass 1 Misdemeanor, but if the victim is 17 years old or younger a violation is a Class 6 FelonyProhibits recording a person’s intimate body parts through or under their clothing and recording a person engaged in sexual activity. The offender must have done either or both of these 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.SD Codified L § 22-21-4
TennesseeClass A MisdemeanorProhibits dissemination of sexually explicit material with the intent to cause emotional distress. This law also applied to a person distributing an image of the intimate parts of another identifiable person if (1) the image was photographed under circumstances where the parties agreed or understood the image would remain private, and (2) the person depicted in the image suffers emotional distress.TN Code § 39-13-301
TexasState Jail FelonyProhibits the unlawful disclosure or promotion of intimate visual material if the offender intentionally disclosed the material without the subject’s consent and the material depicts a person engaged in sexual activity or a person’s intimate body parts exposed in full or in part.TX Penal Code § 21.16
UtahClass A MisdemeanorProhibits knowingly or intentionally distributing sexual images to any third party without the subject’s consent.UT Code § 76-5b-203
VermontViolations are punishable by up to 2 years in prison and/or a fine of up to $2,000. If the offender disseminates the material for profit, they may be imprisoned for up to five years and/or be fined up to $10,000Prohibits the nonconsensual dissemination of someone’s nude or sexually explicit photographs or videos.13 VSA § 2606
VirginiaClass 1 Misdemeanor (punishable by up to two years in prison and/or a fine)Prohibits disseminating sexual photos without the subject’s consent and with the malicious intent to coerce, harass, or intimidate the subject.VA Code § 18.2-386.2
WashingtonGross Misdemeanor. If the violation involves stalking, Class C FelonyProhibits intentionally and maliciously disclosing an intimate image of another person without their consent.WA Rev Code § 9A.86.010
Washington D.C.Felony (punishable by a fine of up to $12,500 and/or three years in prison)Prohibits knowingly disclosing one or more sexual images of another identifiable person 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 person disclosing that the sexual image would not be disclosed and (3) the offender intended to harm the person depicted or receive financial gain.DC Code § 22-2051 et seq
West VirginiaMisdemeanor (punishable by a fine between $1,000 and $5,000 and/or up to one year in jailProhibits intentionally displaying sexually explicit or intimate images of another person in a public way, or distributing or threatening to disclose sexually explicit or intimate images of another person without their consent.WV Code § 61-8-28
WisconsinClass I FelonyProhibits nonconsensual distribution of images featuring a nude or partially nude person or 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 and the offender must have or should have known the subject did not consent to the capturing of the image.WI Stat. § 942.09
WyomingMisdemeanor (punishable by up to one year of imprisonment and/or a fine of up to $5,000)Prohibits the unlawful dissemination of intimate images.WY Stat. 6-4-306

Federal Laws Addressing Revenge Porn

Revenge porn is not a federal crime – meaning Congress has not enacted any criminal laws addressing the issue. However, Congress has enacted a civil statute creating a civil cause of action for revenge porn. When Congress re-enacted the Violence Against Women Act, it included a new cause of action for victims of non-consensual pornography, specifically stating:

“…an individual whose intimate visual depiction is disclosed in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person…”

In other words, if someone posts an explicit image of you on the internet without your consent, and they knew or should have known that you did not consent to that disclosure, you may be able to bring a claim against them in federal court. Like most state laws, the federal law also makes exceptions in some circumstances, including the following:

(b)(4) – An identifiable individual may not bring an action for relief under this section relating to:

(A) an intimate image that is commercial pornographic content, unless that content was produced by force, fraud, misrepresentation, or coercion of the depicted individual;

(B) a disclosure made in good faith – (i) to a law enforcement officer or agency; (ii) as part of a legal proceeding; (iii) as part of medical education, diagnosis, or treatment; or (iv) in the reporting or investigation of (I) unlawful content; or (II) unsolicited or unwelcome conduct

(C) a matter of public concern or public interest; or

(D) a disclosure reasonably intended to assist the identifiable individual.

If you are successful in suing an offender under this statute, you may be able to recover up to $150,000.00 in statutory damages or actual damages you have suffered if they exceed that amount in addition to court orders to stop the offender from continuing to send out the photos. The statute is new and relatively untested, but a great step toward providing revenge porn victims with a way to recover for the damage they suffered.

Current Developments on Revenge Porn Laws in the United States

One of the major developing areas of non-consensual pornography concerns deepfake pornography. Deepfake pornography is the creation and distribution of realistic pornographic images of someone without their consent, commonly using AI software and technology. Deepfake porn has become an increasing issue over the last five years as AI technology has developed and become more widely accessible to the general public.

It presents a problem for legislators and victims because the images themselves are not necessarily of the victim – it is an explicit image that has been modified to look like the victim and it is such a realistic representation that anyone who saw the image would believe the victim was willingly in the image.

Some states, such as California, already have laws that specifically address deepfake pornography, but most do not. This does not mean that victims of deepfake pornography have no legal options related to the images or the offender – it just means that attorneys need to be more creative with how to pursue those claims. If you are the victim of deepfake pornography, we encourage you to seek legal advice from an attorney to fully understand your options.

Protecting Victims of Revenge Porn: Remedies & Support

If you or someone you know is a victim of revenge porn, there are a lot of options to address it depending on what your goals are. You do not necessarily need to file a lawsuit to get relief. Many of our clients simply want the content to be removed, which can often be accomplished without filing a lawsuit.

Addressing revenge porn can be complicated and the process may vary depending on the type of content and where it is published. The following are possible recommendations your attorney may make, depending on your circumstances.

Identify Scope of Issue & Content

The first step in any revenge porn case is to fully understand the scope of the issue. How many websites have your photos been published on? What are those websites? Have they been published with your name or some other title? The internet is a big place—which means that if you find your images posted on one website, it is likely they are posted on others. To successfully remove your images and prevent them from being republished further, you should start by trying to find and keep a record of all of those web pages.

In addition to a simple keyword search on any search engine, you can search for the photos by conducting reverse image searches, such as by copy/pasting the image into Google’s Reverse Image Search tool or by using facial recognition search engines like PimEyes.com. You can also check some popular adult websites, like PornHub, XHamster, and RedTube.

Be careful of websites that look like they may have embedded malware or viruses in the page as this is a common practice with adult content websites. Also, be careful not to search your own name too often to try to find the images because the more a keyword is searched, the likelier it is to appear on the website’s search tags and show up in online searches for your name.

Document & Preserve Evidence

Your first instinct may be to delete all evidence you have relating to the photos. But, this can backfire down the road. If you are interested in pursuing a lawsuit or other legal action against the offender, you will need to preserve evidence of the offense. Take screenshots and save the images and any correspondence with the offender. The more evidence you have, the better prepared you will be to pursue all relief available.

Please note that if the images depict you or someone else under the age of 18, you should not download or save the content without seeking advice from an attorney.

Report the Content to the Online Platform

Once the content is preserved and you know what websites are involved, you can request that the platform remove the photos directly. Most legitimate websites prohibit revenge porn in their Terms of Service and so will remove the images if you report it.

However, beware of websites that ask you to send them proof that you are the individual in the images or ask for money to remove the photos as this may be a method to scam you. Every website is different and the decision to remove content is usually within their sole control or that of the hosting provider associated with the website.

Request De-Indexing of Porn Websites to Google

If you cannot get the content down from the website directly, you may want to consider submitting de-indexing requests to Google so that Google removes the links from your search results. It will not completely remove the images from the internet, it will at least make it more difficult for anyone to find the images and connect them with your name.

Send DMCA Takedown Notices

If you produced the images yourself, you own the intellectual property rights to those images. If you own the rights to the content, you can submit what are called DMCA takedown notices to the website requesting removal of the content. “DMCA” stands for “Digital Millennium Copyright Act” and can be a valuable tool for removing content from the Internet.

It is important to follow the “Notice and Takedown” procedure outlined in the DMCA if you want to seek relief for copyright infringement. You will need to include specific statements in your notice in accordance with the statute. For more information on the DMCA, please see our article ‘What is a DMCA Takedown Notice?’

Consult With an Experienced Revenge Porn Attorney

If you have found explicit images of yourself published online, it can be tempting to try to ignore the problem. But the longer you ignore the problem, the more likely that the content will spread and be republished. An attorney experienced in revenge porn cases can help you remove the content quickly and efficiently.

An attorney can help navigate the complexities of revenge porn cases, preserve evidence, and remove as much content as possible. Additionally, an attorney will be able to advise you if you can file a lawsuit against the perpetrator.

For further reading, please see our articles ‘My Ex Posted My Nudes Online: What Can I Do to Remove Them?’ and ‘How to Permanently Remove Content From Revenge Porn Websites’.

Were You a Minor in the Images?

If you were a minor when the images were produced, your options and recommendations may be different than revenge porn of an adult. Content of that nature constitutes child pornography.

If this is the case for your photos, you should consult with an attorney to fully understand your legal options. For example, you should not keep screenshots of the content because then you would technically be in possession of child pornography in violation of federal law.

You may necessarily, however, need to keep a record of the URLs to web pages where the content is so that you can report it. As mentioned previously, NCMEC can be a great resource for people in this position who are not sure of how to proceed.

Free Resources, Hotlines, Support Groups

Because revenge porn is such a pervasive problem in society today, there are free resources available to victims and organizations that can provide pro bono services, including the below:

Organizations & Resources

  • RAINN
  • Cyber Civil Rights Initiative (CCRI)
  • StopNCII.com
  • NCMEC

Hotlines

  • National Suicide Hotline: 988
  • CCRI Helpline: 1-844-878-2274
  • Revenge Porn Helpline

★★★★★

“Excellent work by Minc Law. Very respectful of my needs and 100% successful in resolving my issue. Highly recommend Minc.”

Lee
November 3, 2022

If you are the victim of revenge porn and want to explore your content removal options, reach out to schedule your initial consultation by contacting our intake specialists either by phone at (216) 373-7706, messaging with a chat representative, or filling out our contact form.

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