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 California, nonconsensual pornography, also known as 'revenge porn,' is illegal under California Penal Code Section 647(j)(4). This law makes it a misdemeanor to intentionally distribute images or videos of another person's intimate body parts or of a person engaging in sexual acts when the depicted person has a reasonable expectation of privacy, without their consent, and with the intent to cause emotional distress. The law applies to both electronic and physical distribution, including sharing on social media, websites, or through direct messages. Violators can face up to six months in jail and a fine of up to $1,000 for a first offense. Subsequent offenses can lead to increased penalties. Additionally, California law allows victims of nonconsensual pornography to file a civil lawsuit against the perpetrator for damages. Regarding minors, any sexual imagery of individuals under the age of 18 is considered child pornography, which is a serious crime under both state and federal law. This applies even if the person who took, possessed, or distributed the images is also a minor. The consequences for child pornography charges can include imprisonment and mandatory registration as a sex offender.