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 Colorado, revenge pornography is addressed under Colorado Revised Statutes Section 18-7-107, known as 'Posting a Private Image for Harassment.' This law makes it a criminal offense to distribute or post private intimate images of an individual 18 years of age or older without their consent, with the intent to harass the depicted person and inflict serious emotional distress. The offense is classified as a class 1 misdemeanor, which can result in penalties including fines and jail time. If the victim is a minor, the offense is treated more severely under child pornography laws. Additionally, Colorado provides victims of revenge pornography with the right to pursue civil action for damages against the perpetrator under Section 13-21-801 of the Colorado Revised Statutes. This allows victims to seek monetary compensation for the harm they have suffered due to the nonconsensual distribution of their private images.