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 Illinois, nonconsensual pornography, often referred to as 'revenge porn,' is a criminal offense under the state's statutes. Specifically, the Illinois Non-Consensual Dissemination of Private Sexual Images Act makes it illegal to distribute an image of another person who is identified or identifiable and engaged in a sexual act or whose intimate parts are exposed, without that person's consent. This applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. The offense is classified as a Class 4 felony, which can result in serious consequences, including potential imprisonment and fines. Additionally, Illinois law allows victims of nonconsensual pornography to bring a civil lawsuit against the perpetrator for monetary damages. When the subject of the nonconsensual pornography is a minor, the act falls under child pornography laws, which carry severe penalties under both state and federal law, even if the person distributing the images is also a minor.