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 Idaho, revenge pornography is addressed under Idaho Code § 18-6609, which makes it a crime to disseminate intimate images without consent. This law defines 'intimate images' as any visual depiction, including photos or videos, where a person is nude or engaged in sexual conduct, and the image was originally obtained with an expectation of privacy. The distribution of such images without the depicted person's consent is a misdemeanor for the first offense and a felony for subsequent offenses. Penalties can include fines and imprisonment. Additionally, victims of revenge pornography in Idaho may seek civil remedies, including monetary damages, against the perpetrator for the nonconsensual distribution of private images. It's important to note that the specifics of the law and the penalties may vary, and an attorney can provide detailed legal advice and representation in such matters.