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 Kentucky, revenge pornography is addressed under Kentucky Revised Statutes (KRS) 531.120, which makes it illegal to distribute sexually explicit images without the consent of the person depicted. This law, known as the 'distribution of sexually explicit images without consent,' is a Class A misdemeanor for a first offense and a Class D felony for subsequent offenses. The statute covers the dissemination of images through various means, including in-person, electronic messaging, social media, and websites. Victims of revenge pornography in Kentucky also have the right to pursue civil action against the perpetrator for damages. This means that individuals who engage in revenge pornography can face both criminal prosecution, with potential jail or prison time, and civil lawsuits, which can result in monetary compensation for the victim.