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 Kansas, revenge pornography is addressed under Kansas Statutes Annotated (K.S.A.) 21-6101(a)(7), which defines 'breach of privacy.' It is illegal to disseminate any photograph, film, videotape, recording, or any other reproduction of the image of another identifiable person who is nude or engaged in sexual activity, without the consent of that person, with the intent to harass, threaten, or embarrass the person, and with reckless disregard for the risk that the person would be harassed, threatened, or embarrassed. This offense is typically a Class A nonperson misdemeanor for a first-time violation and can escalate to a severity level 7, person felony for subsequent violations or if the victim is a minor. Additionally, Kansas law allows for civil liability where victims of revenge pornography can sue for damages, including for emotional distress and other losses suffered as a result of the unauthorized distribution of intimate images.