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 Arkansas, revenge pornography is addressed under Arkansas Code Annotated § 5-26-314, which defines the offense as 'Unlawful Distribution of Sexual Images or Recordings.' It is illegal to knowingly distribute an image or recording of another person who is nude or engaging in sexual activity or conduct without the person's consent, with the intent to harm, harass, intimidate, threaten, or coerce the person. This law makes it a Class A misdemeanor for the first offense and a Class D felony for subsequent offenses. Additionally, Arkansas law allows victims of revenge pornography to file a civil lawsuit against the perpetrator for damages. The state takes this issue seriously, and those found guilty of distributing nonconsensual pornography can face significant legal consequences, including potential jail or prison time, fines, and civil liability.