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 Vermont, nonconsensual pornography, also known as 'revenge porn,' is addressed under Vermont's criminal statutes. Specifically, Vermont law prohibits the disclosure of sexually explicit images without consent through 'Revenge Porn' laws. This includes any situation where a person shares or publishes intimate photos or videos of another individual without their permission, whether it's through direct sharing, social media, or other online platforms. The act of distributing such material is considered a criminal offense and can lead to misdemeanor or felony charges, depending on the circumstances, including the potential for imprisonment. Additionally, Vermont law criminalizes the possession, production, and distribution of child pornography, which includes any sexual imagery of minors under the age of 18. This applies even if the person distributing the imagery is also a minor. Violations of these laws can result in severe state and federal penalties, including significant prison time. Beyond criminal repercussions, individuals affected by nonconsensual pornography may also pursue civil remedies for damages caused by the unauthorized distribution of their intimate images.