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 New York, revenge pornography is addressed under New York Penal Law Section 245.15, known as 'Unlawful Dissemination or Publication of an Intimate Image.' This law makes it a class A misdemeanor to disseminate or publish an intimate image of another individual without their consent, with the intent to cause harm. The law defines an intimate image as a photograph, film, video, or other recording of an individual whose intimate parts are exposed or who is engaged in a sexual act. The offense is punishable by up to one year in jail, a fine, or both. Additionally, New York Civil Rights Law Section 52-b allows victims of revenge porn to sue for damages, including emotional distress, and to seek a court order to remove the images from the internet. This civil remedy is separate from the criminal penalties and provides victims with a means to seek financial compensation for the harm they have suffered.