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 Florida, nonconsensual pornography, often referred to as 'revenge porn,' is addressed under Florida Statutes Section 784.049, known as the 'Sexual Cyberharassment' law. This law makes it a criminal offense to willfully and maliciously sexually cyberharass another person without their consent by publishing a sexually explicit image of that person. The law covers various means of publication, including electronic communication and distribution on websites. Violation of this statute is a first-degree misdemeanor for a first offense and can be elevated to a third-degree felony for subsequent offenses. Additionally, victims have the right to bring a civil action to seek damages and injunctive relief. Regarding minors, any production, distribution, or possession of sexually explicit images of individuals under the age of 18 is considered child pornography, which is a serious offense under both state and federal law. Even minors who engage in 'sexting' can face child pornography charges. The penalties for these offenses can be severe, including imprisonment and mandatory registration as a sex offender.