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 Rhode Island, revenge pornography is addressed under Rhode Island General Laws § 11-64-2, which defines and criminalizes the unauthorized dissemination of indecent materials. This law makes it illegal to distribute, or otherwise disseminate, any image of another identifiable person who is nude, or engaged in sexual conduct, without the consent of the person depicted, when the depicted person had a reasonable expectation of privacy. Violation of this statute is considered a felony offense, which can result in imprisonment, fines, or both. Additionally, under § 9-1-28.1, Rhode Island provides a civil cause of action for victims of nonconsensual pornography, allowing them to sue for damages, including punitive damages, attorney's fees, and injunctive relief. This means that individuals who engage in revenge pornography may face both criminal charges and civil lawsuits in Rhode Island.