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 Louisiana (LA), nonconsensual pornography, also known as 'revenge porn,' is addressed under Louisiana Revised Statutes Title 14:283.2. This law makes it illegal to intentionally disclose an image of another person who is seventeen years of age or older, without their consent, when the person depicted has a reasonable expectation of privacy. This includes both electronic and physical distribution of intimate photos or videos. The offense is considered a misdemeanor for the first conviction and a felony for subsequent convictions, with penalties that may include fines and imprisonment. Additionally, Louisiana law allows victims of nonconsensual pornography to file a civil lawsuit for damages against the person who disclosed their private images. When the subject of the nonconsensual pornography is a minor, the act falls under child pornography laws, which carry severe state and federal penalties for production, distribution, and possession of such material. It is important to note that even minors can face these charges if they engage in the taking or sharing of explicit images of other minors.