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 West Virginia, nonconsensual pornography, also known as 'revenge porn,' is addressed under West Virginia Code §61-8-28. This statute makes it illegal to disclose or distribute a visual portrayal of an adult without their consent when the individual has a reasonable expectation of privacy. The law covers various forms of distribution, including in-person sharing, electronic messaging, and posting on social media or websites. Violation of this law is considered a misdemeanor offense, which can result in fines and potential jail time. Additionally, when the subject of the nonconsensual pornography is a minor, the offender may face severe state and federal charges related to child pornography, which can include production and distribution charges. These are serious felonies that carry significant penalties, including prison time. West Virginia law also allows victims of nonconsensual pornography to pursue civil action for damages against the perpetrator. It's important to note that the specifics of the law and the penalties for breaking it can vary, and an attorney can provide more detailed information based on the circumstances of a particular case.