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 Rhode Island, revenge pornography is addressed under the state's criminal statutes. Specifically, Rhode Island General Laws § 11-64-2 makes it unlawful to transfer, publish, distribute, or reproduce materials that depict a person engaged in sexual activity or that display the person's intimate parts without their consent. This law is designed to protect individuals from having their privacy violated through the nonconsensual dissemination of private images. Violation of this statute is considered a felony offense, which can result in significant penalties including imprisonment and fines. Additionally, victims of revenge pornography in Rhode Island may also have the right to pursue civil action against the perpetrator for damages. This allows the victim to potentially recover compensation for the harm suffered as a result of the nonconsensual distribution of intimate images.