Nonconsensual pornography or sharing of intimate or sexual photos and videos without the consent of the person in the photos 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 nonconsensual pornography 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.
Taking and sharing intimate or sexual photographs and video of minors (usually under 18 years of age) can also result in serious state and federal criminal child pornography charges—for producing child pornography and for distributing child pornography. This may be the case even if the person who took or produced the photographs or videos or shared them with others is a minor—including a boyfriend or girlfriend of the person in the photographs.
Nonconsensual 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.
Nonconsensual 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 nonconsensual 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 Arkansas, nonconsensual pornography, often referred to as 'revenge porn,' is addressed under Arkansas Code § 5-26-314, which makes it unlawful to disclose sexually explicit visual material of another person without their consent. This includes any material that depicts the person engaged in sexual conduct or with their intimate parts exposed, when there is an expectation of privacy. Violation of this law is a Class A misdemeanor for a first offense and a Class D felony for subsequent offenses. Additionally, Arkansas law considers any person who produces, distributes, or possesses child pornography involving minors under 18 years of age to be in violation of child pornography laws, which can result in severe state and federal charges. These offenses are typically felonies with significant penalties, including imprisonment. Furthermore, victims of nonconsensual pornography may also seek civil remedies for damages caused by the unauthorized distribution of intimate images.