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 Jersey, revenge pornography is addressed under the state's invasion of privacy laws. Specifically, N.J.S.A. 2C:14-9 criminalizes the disclosure of sexually explicit images or videos of another person without their consent, with the intent to harass, intimidate, or otherwise harm the victim. This offense is considered a crime of the third degree, which can result in a sentence of 3 to 5 years in prison and a fine of up to $15,000. If the victim is a minor, the offense is elevated to a second-degree crime, with harsher penalties. Additionally, New Jersey law allows victims of revenge pornography to file a civil lawsuit against the perpetrator for damages. This means that, beyond criminal penalties, individuals who engage in nonconsensual pornography may also face financial consequences through civil litigation.