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 Dakota, revenge pornography is addressed under state law, specifically under South Dakota Codified Laws (SDCL) 22-24B-23, which makes it illegal to intentionally distribute or publish images or videos of another person who is nude or engaged in sexual activity without their consent, with the intent to harm, harass, intimidate, threaten, or coerce the person depicted. This offense is classified as a Class 1 misdemeanor, which can result in penalties including up to one year in jail and/or a fine of up to $2,000. If the victim is a minor, the offense is elevated to a Class 4 felony, which carries harsher penalties including up to 10 years in prison and/or a fine of up to $20,000. Additionally, victims of revenge pornography in South Dakota may have the right to pursue civil action for damages against the perpetrator, although South Dakota does not have a specific civil statute for revenge pornography. Instead, victims may rely on general tort principles such as invasion of privacy or intentional infliction of emotional distress.