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 Vermont, revenge pornography is addressed under the state's voyeurism laws. Vermont law criminalizes the disclosure of sexually explicit images or videos without the consent of the person depicted when the depicted person had a reasonable expectation of privacy and the disclosure was made with the intent to harass, intimidate, threaten, or coerce the depicted person. This offense is considered a misdemeanor and can result in imprisonment and/or fines. Additionally, Vermont law allows victims of revenge pornography to pursue civil action against the perpetrator for damages. This means that individuals who have been victimized by revenge pornography in Vermont have both criminal and civil remedies available to them. It is important for individuals affected by such actions to consult with an attorney to understand their rights and the legal options available to them under Vermont law.