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 Oregon, revenge pornography is addressed under Oregon Revised Statutes Section 163.472, which makes it unlawful to unlawfully disseminate an intimate image. This law defines an intimate image as a photograph, film, video, recording, or other visual recording of a person that depicts nudity, sexual conduct, or is sexually explicit, and that was obtained under circumstances in which the person had a reasonable expectation of privacy. The dissemination of such images without consent is a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $6,250. If the victim is a minor, the offense is a felony, and the penalties are more severe. Additionally, Oregon law allows victims of revenge pornography to pursue civil action for damages against the perpetrator, which can include not only compensatory damages but also punitive damages and attorney fees.