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 Rhode Island, nonconsensual pornography, also known as 'revenge porn,' is addressed under Rhode Island General Laws § 11-64-2, which makes it a crime to disclose an image of another person who is identifiable and is depicted in a state of nudity or engaged in sexual activity, without the consent of that person, with the intent to harass, intimidate, or coerce the depicted person. The law applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. Violation of this statute is considered a felony offense, which can result in imprisonment and fines. Additionally, Rhode Island law allows victims of nonconsensual pornography to pursue civil action for damages against the perpetrator. When the subject of the nonconsensual pornography is a minor, the offense escalates to the production and distribution of child pornography, which carries severe penalties under both state and federal law. These actions can lead to significant prison time and mandatory registration as a sex offender.