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 Kansas, revenge pornography is addressed under Kansas Statutes Annotated (K.S.A.) 21-6101(a)(7) and is considered a crime. The law defines revenge porn as the nonconsensual distribution of private sexual images. This includes distributing or threatening to distribute a photo, video, or image of another identifiable person who is nude or engaged in sexual conduct without their consent. The distribution can occur through various means, such as in-person sharing, electronic messaging, social media, or website publication. In Kansas, the offense is typically charged as a misdemeanor, but it can be elevated to a felony under certain circumstances, such as when the perpetrator has prior convictions for similar offenses. Convictions can result in jail or prison time, fines, or both. Additionally, Kansas allows for civil liability, meaning victims of revenge pornography can sue the perpetrator for monetary damages. This provides a legal avenue for victims to seek compensation for the harm they have suffered due to the unauthorized distribution of their private images.