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 Louisiana, revenge pornography is addressed under the state's criminal statutes. Specifically, Louisiana law considers the non-consensual sharing of private, sexually explicit images or videos as a criminal offense. This includes distributing such material without the subject's consent through various means such as in-person, via electronic messages, on social media platforms, or on websites. The offense is typically prosecuted under statutes that may be titled similarly to 'Unlawful Disclosure or Promotion of Intimate Visual Material.' Depending on the severity of the offense and the specific circumstances, the crime can be charged as either a misdemeanor or a felony, with penalties that may include fines, jail, or prison time. Additionally, Louisiana allows for civil lawsuits to be filed against individuals who engage in revenge pornography, providing victims with the opportunity to seek monetary damages for the harm they have suffered. This means that perpetrators can face both criminal prosecution and civil liability for their actions.