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 Minnesota, revenge pornography is addressed under the state's 'nonconsensual dissemination of private sexual images' statute, which is found in Minnesota Statutes section 617.261. This law makes it a crime to intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed, when the person depicted has a reasonable expectation of privacy and has not consented to the dissemination. The law applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. Violation of this statute is a gross misdemeanor for a first offense and a felony for subsequent offenses, which can result in imprisonment and/or fines. Additionally, Minnesota law allows victims of nonconsensual pornography to pursue civil action for damages against the perpetrator. This means that individuals who engage in revenge pornography may face both criminal prosecution and civil lawsuits in Minnesota.