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 Indiana, nonconsensual pornography, also known as 'revenge porn,' is addressed under Indiana Code 35-45-4-8 'Unlawful dissemination of an intimate image.' This statute makes it a criminal offense to distribute an intimate image of another person without their consent if the person depicted had a reasonable expectation of privacy and if the distribution causes harm to the depicted person. Violating this law is a Class A misdemeanor, which can be elevated to a Level 6 felony if the perpetrator has a prior unrelated conviction for the same offense or if the dissemination is made with the intent to harm, harass, intimidate, threaten, or coerce the depicted person. Additionally, Indiana law considers any involvement with child pornography, including production, distribution, or possession, to be a serious crime, with potential charges ranging from Level 5 to Level 2 felonies, depending on the nature of the offense. Federal law also criminalizes the production, distribution, receipt, or possession of child pornography, with severe penalties that can include substantial prison time. Victims of nonconsensual pornography in Indiana may also have the right to pursue civil remedies for damages caused by the unauthorized distribution of intimate images.