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 New York, nonconsensual pornography, also known as 'revenge porn,' is a criminal offense under New York Penal Law Section 245.15. This law makes it illegal to disclose or publish intimate images of another person without their consent when there is an expectation that the images will remain private. This includes sharing through various means such as in-person, electronically, on social media, or on websites. Violation of this law is a Class A misdemeanor, which can result in up to one year in jail, a fine, or both. Additionally, New York Civil Rights Law Section 52-b provides victims with the right to sue for damages incurred as a result of nonconsensual pornography. Regarding minors, any sexual images of individuals under the age of 18 can lead to state and federal child pornography charges, which carry severe penalties, including potential prison time. This applies even if the person distributing the images is also a minor. New York's laws aim to protect individuals' privacy and deter the unauthorized sharing of intimate images.