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 Wisconsin, revenge pornography is addressed under Wisconsin Statute § 942.09, which criminalizes the act of disclosing private, explicit images without the consent of the person depicted. This law makes it illegal to post or distribute a sexually explicit image or video of another person without their consent, with the intent to harm the depicted individual or benefit from the act. The offense is classified as a Class A misdemeanor, which can result in a fine of up to $10,000, imprisonment for up to 9 months, or both. However, if the victim is a minor, the offense is elevated to a Class I felony, which carries harsher penalties. Additionally, victims of revenge pornography in Wisconsin may also have the right to pursue civil action against the perpetrator for damages.