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 Colorado, revenge pornography is addressed under Colorado Revised Statutes Section 18-7-107, which makes it a criminal offense to distribute, display, or publish a private intimate image of an individual 18 years of age or older without their consent. This is known as 'unlawful posting of private intimate images.' The law covers various means of publication, including sharing via electronic messages, social media, and websites. Depending on the circumstances, the offense can be classified as a misdemeanor or a felony, with penalties that may include fines and imprisonment. Additionally, Colorado provides for civil remedies, allowing victims to sue for monetary damages, attorney fees, and injunctive relief to prevent further distribution of the images. The civil action is separate from any criminal prosecution and is outlined in Colorado Revised Statutes Section 13-21-801.