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 Utah, nonconsensual pornography, often referred to as 'revenge porn,' is addressed under Utah Code § 76-5b-203, which makes it a criminal offense to distribute intimate images of an individual without their consent. This includes sharing or publishing sexual or intimate photos or videos through various means such as in-person, electronically, on social media, or on websites. The law applies to images where the depicted individual has a reasonable expectation of privacy and has not consented to the distribution. Violations of this statute can result in criminal charges ranging from class A misdemeanors to felonies, depending on the circumstances, such as if the offender has prior convictions for similar offenses. Additionally, Utah law allows for civil remedies, enabling victims to sue for damages. Sharing intimate images of minors is a separate and more serious offense, potentially leading to state and federal child pornography charges, which carry severe penalties, including imprisonment. This applies even if the person sharing the images is a minor themselves. It is important for individuals in Utah to understand that both criminal and civil consequences can arise from the nonconsensual distribution of intimate images.