Revenge pornography—also known as revenge porn or nonconsensual pornography—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 revenge porn 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.
Revenge 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. Revenge 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 revenge 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 Alabama, revenge pornography is addressed under the state's criminal code. Specifically, Alabama Code § 13A-12-192, known as the 'Distribution of Private Images Act,' makes it unlawful to disseminate a private image without the consent of the person depicted when the depicted person had a reasonable expectation that the images would remain private. This includes sharing explicit images or videos through various means such as in-person, electronically, or via social media. Violation of this law is considered a Class A misdemeanor, which can result in a jail sentence of up to a year and a fine. However, if the offender has prior convictions or if the distribution causes financial gain or emotional distress, the offense can be elevated to a Class C felony, potentially leading to more severe penalties. Additionally, victims of revenge pornography in Alabama may seek civil remedies, including monetary damages, through lawsuits against the perpetrators.