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 Maryland, revenge pornography is addressed under the Criminal Law Article, Section 3-809 of the Maryland Code. It is illegal to intentionally distribute or disseminate a private visual representation of another person that exposes their intimate body parts or displays them engaged in sexual activity, without their consent. This applies when the person distributing the image knows or should have known that the depicted person expected the content to remain private. The law covers various means of distribution, including in-person sharing, electronic messaging, social media, and website publication. Violation of this statute is considered a misdemeanor, which can result in imprisonment for up to 2 years and/or a fine of up to $5,000. Maryland also allows victims of revenge pornography to pursue civil remedies, which can include monetary damages, injunctive relief, and attorney's fees. This dual approach provides both criminal penalties for offenders and potential financial compensation for victims.