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 New Hampshire, revenge pornography is addressed under the state's criminal code, specifically under RSA 644:9-a, which is titled 'Nonconsensual Dissemination of Private Sexual Images.' This statute makes it a crime to disclose or distribute private sexual images without the consent of the person depicted when the individual has a reasonable expectation that the images will remain private. The law covers various methods of distribution, including in-person sharing, electronic messaging, and posting on social media or websites. Violation of this law is considered a Class B Felony, which can result in significant penalties, including potential imprisonment and fines. Additionally, New Hampshire allows for civil remedies, meaning that victims of revenge pornography can sue the perpetrator for damages. This provides a legal avenue for victims to seek compensation for the harm they have suffered due to the nonconsensual dissemination of their private images.