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 Kansas, nonconsensual pornography, often referred to as 'revenge porn,' is addressed under Kansas Statutes Annotated (K.S.A.) 21-6101 and 21-6101a. The law makes it illegal to distribute or post nude or sexually explicit images or videos of a person without their consent. This includes sharing through various means such as in-person, via text, email, social media, or on websites. Violation of this law is considered a severity level 8, person felony for a first-time offense and a severity level 5, person felony for subsequent offenses. Additionally, Kansas law criminalizes the possession, production, and distribution of child pornography under K.S.A. 21-5510, which can lead to severe penalties, including imprisonment. These offenses are felonies and can result in significant jail or prison time. Furthermore, victims of nonconsensual pornography may also seek civil remedies for damages caused by the unauthorized distribution of intimate images.