Revenge pornography—also known as revenge porn or nonconsensual pornography—is a criminal offense in most states and is committed when a person publishes private nude, pornographic, or explicit photos, videos, or images of another person’s body or sexual activity without that person’s consent.
The publication of revenge porn may occur in many forms, including (1) an in-person showing of printed or electronic photographs or video to another person or persons; (2) sending images or videos by electronic message such as text, chat, or e-mail; (3) publishing images or videos on social media; or (4) publishing images or videos on a website.
Revenge pornography laws are generally located in a state’s statutes—often in the penal or criminal code. These statutes are sometimes titled with descriptive names such as The Unlawful Disclosure or Promotion of Intimate Visual Material. Revenge pornography offenses may be prosecuted as misdemeanors or as felony offenses—depending on the state's laws—and often include potential jail or prison time.
The publication of revenge pornography may also create civil liability for money damages in a lawsuit under state law, and some states have enacted specific laws providing for such civil liability, in addition to any criminal prosecution.
In Arkansas, revenge pornography is addressed under Arkansas Code Annotated § 5-26-314, which defines the offense as 'Nonconsensual Pornography.' It is illegal to disclose any photograph, videotape, film, or digital recording of another person that depicts the person in a state of nudity or engaged in sexual activity without the person's consent, with the intent to harass, frighten, intimidate, threaten, or abuse the depicted person, and under circumstances in which the depicted person had a reasonable expectation of privacy. The law covers various means of publication, including in-person sharing, electronic messaging, social media, and website postings. Violation of this statute is a Class A misdemeanor for a first offense and a Class D felony for subsequent offenses. This means that perpetrators can face jail or prison time if convicted. Additionally, Arkansas allows for civil liability, where victims can sue for monetary damages resulting from the nonconsensual dissemination of such material.