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 Oregon, nonconsensual pornography, also known as 'revenge porn,' is illegal and addressed under ORS 163.472, which prohibits the unlawful dissemination of an intimate image. This law makes it a crime to knowingly distribute, publish, exhibit, or otherwise make available an intimate image of another person without their consent when the depicted person had a reasonable expectation of privacy. Violation of this statute is a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $6,250. Additionally, under ORS 163.474, a person who suffers harm as a result of the unlawful dissemination of an intimate image may bring a civil action against the perpetrator to recover damages and attorney fees. Regarding minors, sharing intimate or sexual photographs or videos of individuals under 18 years of age can lead to severe state and federal child pornography charges, regardless of the age of the person distributing the material. These offenses can be prosecuted as felonies with significant penalties, including imprisonment.