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 Washington State, nonconsensual pornography, often referred to as 'revenge porn,' is illegal under RCW 9A.86.010, which is the state's 'Disclosing Intimate Images' statute. This law makes it a crime to distribute, or threaten to distribute, intimate images of another person without their consent when the person depicted had a reasonable expectation of privacy and the distribution causes or is intended to cause harm. Violations of this statute can be prosecuted as gross misdemeanors or felonies, depending on the circumstances, and can result in significant penalties including jail time. Additionally, under RCW 9.68A, dealing with sexually explicit depictions of minors, any creation, distribution, or possession of sexually explicit images of minors is a serious criminal offense, potentially leading to state and federal child pornography charges. This applies even if the person distributing the images is a minor. Victims of nonconsensual pornography in Washington also have the right to pursue civil action for damages against the perpetrator under state law.