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 Hawaii, revenge pornography is addressed under Hawaii Revised Statutes Section 711-1110.9, which defines the offense as the knowing disclosure of an image of another identifiable person either nude or engaging in sexual conduct without the consent of the person depicted, with the intent to harm that individual. The law covers various means of publication, including sharing via electronic message, social media, or posting on websites. Violation of this statute is considered a Class C felony, which can result in significant penalties, including potential imprisonment and fines. Additionally, victims of revenge pornography in Hawaii may pursue civil remedies to seek monetary damages for the harm they have suffered due to the unauthorized distribution of their private images. This allows victims to file a lawsuit against the perpetrator for the invasion of privacy and emotional distress caused by the act.