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 Wyoming, nonconsensual pornography, also known as 'revenge porn,' is addressed under Wyoming Statutes § 6-4-314. This law makes it a crime to disclose private intimate images without the consent of the person depicted when there is an expectation that the images will remain private. The offense is classified as a misdemeanor, and individuals convicted under this statute may face penalties including fines and imprisonment. Additionally, the distribution of intimate images of minors is a serious offense under both state and federal law, potentially leading to child pornography charges, which carry severe penalties including lengthy prison sentences. It is important to note that these laws apply regardless of whether the person sharing the images is a minor. Furthermore, victims of nonconsensual pornography in Wyoming may also have the right to pursue civil action for damages against the perpetrator. An attorney can provide specific guidance and representation to individuals affected by such offenses.