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 Louisiana, revenge pornography is addressed under the state's criminal statutes. Specifically, Louisiana Revised Statutes Title 14:283.2 makes it unlawful to disclose a private image without the consent of the person depicted when the person depicted had a reasonable expectation that the image would remain private, and the disclosure causes harm to the depicted person. This law applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. Violation of this statute is considered a criminal offense and can be prosecuted as either a misdemeanor or a felony, depending on the circumstances of the case, such as the age of the victim and the intent of the offender. Convictions can result in fines and imprisonment. Additionally, Louisiana allows for civil remedies, meaning that victims of revenge pornography can sue the perpetrator for damages. This provides a legal avenue for victims to seek compensation for the harm they have suffered due to the nonconsensual disclosure of intimate images.