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 Illinois, revenge pornography is a criminal offense under the state's non-consensual dissemination of private sexual images statute (720 ILCS 5/11-23.5). This law makes it illegal to distribute an image of another person who is identifiable and either engaged in a sexual act or whose intimate parts are exposed, without that person's consent. The law applies to both electronic and physical distribution, including sharing on social media, via text or email, or by showing someone a physical photo or video. Violation of this statute is a Class 4 felony, which can result in imprisonment and fines. Additionally, Illinois allows victims of revenge porn to file a civil lawsuit for damages against the person who distributed their private images without consent. This means that perpetrators can face both criminal charges and civil liability, including monetary compensation to the victim.