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 Oregon, revenge pornography is addressed under Oregon Revised Statutes Section 163.472, which makes it unlawful to unlawfully disseminate an intimate image. An 'intimate image' is defined as an image of a person in a state of nudity or engaged in sexual conduct, where the person has a reasonable expectation of privacy. The law stipulates that a person commits the offense if they, with the intent to harass, humiliate, or injure another person, knowingly distribute an intimate image of the other person when the depicted person has not consented to the distribution, and the depicted person had a reasonable expectation of privacy regarding the image. This offense is classified as a Class A misdemeanor, which can result in potential jail time and fines. Additionally, Oregon law allows for civil remedies, meaning the person affected by 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 dissemination of intimate images.