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 North Dakota, revenge pornography is addressed under the state's criminal statutes. Specifically, it is illegal to distribute intimate images or videos of an individual without their consent. This act is considered a Class A misdemeanor under North Dakota Century Code 12.1-17-07.1, which is titled 'Distribution of intimate images without consent.' If convicted, individuals may face penalties including fines and potential jail time. The severity of the punishment can vary based on the circumstances of the case. Additionally, victims of revenge pornography in North Dakota may have the right to pursue civil action against the perpetrator for damages. This allows the victim to potentially recover compensation for the harm suffered as a result of the nonconsensual distribution of their private images.