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 Nebraska, revenge pornography is addressed under the state's penal code, specifically in the Nebraska Revised Statute 28-311.08, which defines and criminalizes the unauthorized distribution of intimate images. This law makes it illegal to knowingly distribute an image of another person who is at least 18 years old, which is a private, intimate visual depiction of that person, without their consent, and with the intent to harm, harass, intimidate, threaten, or coerce the person depicted. The offense is considered a Class I misdemeanor, which can result in penalties including fines and potential jail time. Additionally, victims of revenge pornography in Nebraska may have the right to pursue civil action against the perpetrator for damages. This means that beyond criminal penalties, individuals who engage in the nonconsensual distribution of private images may also face lawsuits and be required to compensate the victim for any harm caused by their actions.