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 Montana, nonconsensual pornography, also known as 'revenge porn,' is addressed under Montana Code Annotated § 45-5-223 (Privacy in Communications). This statute makes it a criminal offense to distribute an image of a person's intimate parts or of a person engaged in sexual conduct when there is an expectation of privacy, without the consent of the person depicted. The law applies to various forms of distribution, including in-person sharing, electronic messaging, and posting on social media or websites. Violation of this law is a misdemeanor offense, which can result in fines and imprisonment. Additionally, distributing intimate images of minors is a severe offense under both state and federal child pornography laws, which can lead to felony charges, regardless of whether the distributor is also a minor. Civil liability may also arise from the nonconsensual distribution of intimate images, allowing victims to sue for monetary damages. It's important to note that the specifics of the law and the penalties for violations can vary, and an attorney can provide more detailed information based on the current statutes and case law.