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 Washington State, revenge pornography is addressed under RCW 9A.86.010, known as 'Disclosing intimate images.' The law makes it a crime to disclose an intimate image of another person with the intent to cause harm to that person, and without their consent, if the depicted person had a reasonable expectation of privacy. This applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. Violations of this statute can be prosecuted as gross misdemeanors or felonies, depending on the circumstances, such as if the offender has prior convictions for similar offenses or if the distribution was for profit. Convictions can result in significant fines and imprisonment. Additionally, Washington law allows victims of revenge pornography to pursue civil action for damages under RCW 4.24.790, which can include compensation for emotional distress, economic loss, and punitive damages, as well as attorney's fees and costs.