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 Colorado, nonconsensual pornography, often referred to as 'revenge porn,' is illegal under state law. Colorado Revised Statutes Section 18-7-107 makes it a crime to distribute, display, or publish intimate images of an individual 18 years of age or older without their consent. This includes any material that depicts a person engaged in a sexual act or that shows the person's intimate parts. The law covers various methods of sharing such images, including in-person, via text or email, on social media, or on websites. Violation of this statute is a class 1 misdemeanor, which can result in penalties including fines and jail time. If the victim is under 18, the act may also be prosecuted under child pornography laws, which carry more severe penalties and can be charged as a felony. Additionally, Colorado allows victims of nonconsensual pornography to file a civil lawsuit for damages against the perpetrator. It's important for individuals to understand that both state and federal laws can apply, especially when the distribution crosses state lines or involves minors.