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 Missouri, nonconsensual pornography, often referred to as 'revenge porn,' is a criminal offense under Missouri Revised Statutes Section 573.110. This law makes it illegal to knowingly disclose an image of another person who is identifiable and is either nude or engaged in sexual activity, without the consent of the person depicted, when the depicted person had a reasonable expectation of privacy. The offense is a Class D felony if the victim is an adult and a Class E felony if the victim is a minor. Additionally, under federal law, the creation, possession, and distribution of child pornography (involving individuals under 18 years of age) are serious offenses with severe penalties, including potential imprisonment and fines. Missouri law also allows victims of nonconsensual pornography to file a civil lawsuit against the perpetrator for damages. The state's approach to these offenses reflects a commitment to protecting individuals' privacy and autonomy over their intimate images.