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 Indiana, revenge pornography is addressed under Indiana Code 35-45-2-2, which makes it a criminal offense to distribute an intimate image without the consent of the person depicted. This law applies when the depicted individual has not consented to the distribution, and the person distributing the image knows that the depicted individual expected the image to remain private. The offense is classified as a Class A misdemeanor, which can result in up to a year in jail and a fine of up to $5,000. However, if the person who commits the offense has prior unrelated convictions for the same offense, it can be elevated to a Level 6 felony, carrying a heavier penalty. Additionally, Indiana allows for civil remedies, meaning that victims of revenge pornography can sue the perpetrator for damages. This provides a legal avenue for victims to seek compensation for the harm they have suffered due to the nonconsensual distribution of their intimate images.