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 Delaware, revenge pornography is addressed under Delaware Code Title 11, Section 1335, known as the 'Violation of Privacy' law. This statute makes it a crime to intentionally disseminate, sell, transmit, or publish a visual depiction of an identifiable person who is nude or engaged in sexual conduct without that person's consent. The law covers various means of distribution, including in-person sharing, electronic messaging, social media, and website publication. Depending on the circumstances, the offense can be classified as a misdemeanor or a felony, with penalties ranging from fines to imprisonment. Additionally, Delaware allows for civil remedies, meaning that victims of revenge pornography can sue the perpetrator for monetary damages. The state's approach to revenge pornography reflects a commitment to protecting individuals' privacy and deterring the nonconsensual dissemination of intimate images.