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 California, revenge pornography is addressed under California Penal Code Section 647(j)(4), which makes it a criminal offense to intentionally distribute the image of the intimate body part or parts of another identifiable person, or an image of the person engaged in sexual intercourse, sodomy, oral copulation, or sexual penetration, without the consent of the person depicted and with the intent to cause serious emotional distress. The law applies when the depicted person had a reasonable expectation that the material would remain private. Violations of this law are typically misdemeanors, punishable by up to six months in jail and a fine of up to $1,000 for first-time offenders. Repeat offenders or those with prior convictions can face more severe penalties. Additionally, California Civil Code Section 1708.85 provides victims with a civil remedy to sue for damages, including economic and noneconomic damages, punitive damages, and attorney's fees. This allows victims to seek compensation for the harm they have suffered due to the distribution of revenge pornography.