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 Maryland, nonconsensual pornography, also known as 'revenge porn,' is a criminal offense under Maryland Criminal Law Code § 3-809. This statute makes it illegal to intentionally distribute or disseminate private visual representations of another person that are of a sexual nature without their consent. This includes any form of sharing, whether in person, via text, email, social media, or posting on websites. Violation of this law is considered a misdemeanor, which can result in imprisonment for up to 2 years and/or a fine of up to $5,000 for a first offense. Subsequent offenses can lead to increased penalties. Additionally, Maryland law allows victims of nonconsensual pornography to pursue civil action for damages against the perpetrator. Regarding minors, any sexual imagery of individuals under the age of 18 is considered child pornography, which is a serious offense under both state and federal law. This applies even if the person who took, possessed, or distributed the images is also a minor. The penalties for child pornography are severe and can include lengthy prison sentences and mandatory registration as a sex offender.