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 South Carolina, revenge pornography is addressed under the state's criminal statutes. Specifically, it is illegal to intentionally distribute a sexually explicit image of another person without their consent when there is an expectation of privacy. This includes sharing images or videos through various means such as in-person, via text, email, social media, or posting on websites. The offense is considered a misdemeanor and can result in fines and imprisonment. South Carolina law also allows for civil action, where victims can sue for monetary damages. The severity of the punishment can vary based on the circumstances of the case, such as the age of the victim and the intent of the offender. It's important for individuals in South Carolina to understand that both criminal and civil consequences can arise from engaging in revenge pornography.