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 Tennessee, revenge pornography is addressed under the state's criminal statutes. Specifically, Tennessee Code Annotated § 39-13-605, known as 'Unlawful Exposure and Photography in Tennessee,' makes it a criminal offense to intentionally disclose an image of another person who is identifiable and either nude or engaged in sexual activity, without the consent of the person depicted, when the person has a reasonable expectation of privacy. The law applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. Violation of this law is a Class A misdemeanor for the first offense and a Class E felony for subsequent offenses, which can result in jail or prison time. Additionally, Tennessee allows for civil liability where victims of revenge pornography can sue the perpetrator for damages. This means that individuals affected by revenge pornography have both criminal and civil recourse under Tennessee law.