Revenge Porn Law By State
What Is Revenge Porn?
Revenge porn is the intentional online posting or distribution of sexually explicit images without the person’s permission. Several celebrities and many ordinary people have been victims of revenge porn which is a criminal act.
Revenge does not even have to be the goal in posting or sharing these images. To be defined as revenge porn, the distribution or posting just needs to be non-consensual. In many cases, revenge porn is intended to harass or cause harm to the victim.
Revenge porn is a form of cyberbullying or cyber sexual harassment and is taken very seriously by the law, especially if the victim is a minor or was a minor at the time the images or videos were taken. The penalties for revenge porn may include:
- Take-down notices
- Injunctions
- Formal warnings
- Infringement notices
Which States Have Revenge Porn Laws?
41 states have revenge porn laws and the District of Columbia as of 2019. The laws are still new and being developed with every case that is tried. In most states, for a crime to be revenge porn, the images or videos must be sexual in nature, and bikinis do not count. The victim must be shown performing or engaging in sex acts or have their intimate body parts shown.
What Is Prohibited By Revenge Porn Laws?
Every state’s revenge porn laws are different. In general, revenge porn is defined as someone who intentionally distributes videos, films, or images of someone with the intention to annoy or harass them. The media can be either physical or electronic and must depict either the female breast, anus, or genitals of another or depict the victim engaging in a sex act.
Revenge Porn Laws in Each State
Each state and the District of Columbia have different revenge porn laws. In some states, the perpetrator might be charged with other crimes on top of revenge porn, depending on the circumstances of the case. This includes but is not limited to:
- Computer crimes
- Distribution of child pornography
- Cybercrimes
In some states, the judge may force the perpetrator to register as a sex offender. Below we will discuss the penalties for revenge porn in each state.
Alabama
Law SB-301 prohibits the distribution of private images. The penalty for revenge porn will depend on the circumstances. It could be either:
- Class A misdemeanor which will attract up to 1 year in jail
- Class C felony, which is punished up to 10 years in prison.
Alaska
Alaska Statue Section 11.61.120 prohibits non-consensual distribution or publishing of photographs, films, or pictures that depict someone in a sex act or the genitals of someone. The penalty for revenge porn is a Class B misdemeanor, a fine of $2,000, and up to 90 days in jail.
Arizona
A.R.S Section 13-1425 prohibits the intentional disclosure of any picture of someone where:
- They are nude or engaged in sexual activity
- They had an expectation of privacy
- The intention of disclosing the picture was to coerce, harass, threaten, harm, or intimidate the person in the image.
The penalty for revenge porn is a Class 4 Felony which can attract a fine of up to $150,000, 1.5 years in prison and may even put the perpetrator on the sex offender registry. If the perpetrator only threatened disclosure, then it is a misdemeanor offense.
Arkansas
Arkansas Code Section 5-26-314 prohibits the unlawful distribution of sexual recordings or images. Revenge porn is a Class A misdemeanor with up to $2,500 in fines and up to a year jail time.
California
The Penal Code Section 647(j)(4) prohibit distributing images where the victim is able to be identified with the intention to cause emotional distress. The victim must actually suffer emotional distress. Revenge porn is a misdemeanor with up to $1,000 in files and up to 6 months in jail.
Colorado
Colorado Revised Statute Section 18-7-107 and 108 prohibit the distribution or posting of any video or image that shows intimate parts of anyone 18 years or older with the intention to inflict emotional distress or harass the victim. Revenge porn is a Class 1 misdemeanor with up to $10,000 and between 6 and 18 months in jail.
Connecticut
Connecticut General Statutes Section 53a-189c prohibits the unlawful distribution of intimate images without the consent of the victim with the intention to cause harm. Revenge porn is a Class A misdemeanor in Connecticut.
Delaware
Delaware Code 1335, Title 11 prohibits posting any nude or sexually explicit videos or photos online without the victim’s consent. Revenge porn is a Class G Felony if there are aggravating factors.
District of Columbia
DC Code Section 22-2051 et seq prohibits distributing sexual images of someone who can be identified from the pictures. The following circumstances must be present:
- The person in the image did not consent to the sharing of the sexual image
- They had an agreement that the image would not be shared
- The intention when sharing the image was to receive financial gain or cause harm.
Revenge porn could be either a misdemeanor or a felony in the District of Columbia.
Florida
Florida Statutes Section 784.049(3) prohibits non-consensual publishing sexually explicit images of someone along with identifying information. The sharing of the images must be intended to cause emotional distress to the victim. Revenge porn is a first-degree misdemeanor in Florida with up to $1,000 in fines and up to a year of jail time.
Georgia
Georgia Code Section 16-11-90 prohibits the posting or sending of sexually explicit material or causing the posting of sexually explicit material without the subject’s consent. The haring of the image must harass the victim or cause them financial loss. Revenge porn can be charged as either an aggravated misdemeanor or a felony, depending on the circumstances. If it is charged as a misdemeanor the fine will be up to $100,00 and between 1-5 years in jail.
Hawaii
Hawaii Revised Statutes Section 711-1110.9 prohibits the online transmission of nude pictures without the person’s consent. Revenge porn is a Class C felony in Hawaii and will be punished with a fine and up to 5 years in prison.
Idaho
Idaho Code Section 18-6609(2)(b) prohibits the distribution, sale, or publishing of the intimate parts of a person without their consent. Both parties must have an agreement, understanding, or reasonably should have known that the images were private. Revenge porn is a felony in Idaho.
Illinois
Illinois Criminal Code Section 11-23.5 and Senate Bill 1507 prohibit the intentional publishing of an image of someone 18 years or older. They must be identifiable in the image or from the information provided with the image. The image must be of intimate parts of their body or a sexual act. Revenge porn is a felony in Illinois. Along with a $25,000 fine and 3 years in prison, victims might recover punitive and economic damage through civil procedures.
Indiana
Indiana does not have any specific laws regarding revenge porn.
Iowa
Iowa Code Section 708.7 prohibits the sharing, publishing, distribution, or posting or causing any of the previous actions of images or films depicting nudity or sexual acts. The media must have been posted knowing that the subject of the images did not consent to the sharing. Revenge porn is an aggravated misdemeanor in Iowa and attracts a sentence of up to 2 years in jail and a fine of up to $6,250.
Kansas
Kansas Statutes Section 21-6101(a)(8) prohibits uploading sexual videos or photos without the person’s consent. Revenge porn has different charges depending on how often the perpetrator has done it. The first offense of revenge porn will attract a presumptive probation; the second will be felony blackmail.
Kentucky
Kentucky does not have any laws that specifically deal with revenge porn.
Louisiana
Louisiana Section 14L283.2 prohibits the sharing of nude or partially nude videos or pictures without the consent of the victim. Revenge porn attracts fines of up to $10,000 and up to 2 years in jail.
Maine
Section 1.17-A and MRSSSA 511-A prohibit the transmission of sexually explicit photos online without the victim’s consent. Revenge porn is a Class D misdemeanor in Maine with a $2,000 fine and up to a year in jail.
Maryland
Maryland Criminal Law Code Section 3-809 prohibits the intentional uploading of any image, recording, film, or reproduction of an image of a person engaging in sexual activity. The perpetrator must know that they do not have the victim’s consent and that there was a reasonable expectation that the image would stay private. Revenge porn is a misdemeanor in Maryland and will attract a fine of $500 and up to 2 years in jail.
Massachusetts
Massachusetts does not have a specific law for revenge porn.
Michigan
Michigan Codified Laws Section 750.145e prohibits the posting of sexual images of videos online without the person’s consent. Revenge porn penalties are fines up to $1,000 and up to 93 days a year. Repeat revenge porn offenders will receive up to a year of jail time for future offenses.
Minnesota
Minnesota Statutes Section 617.261 prohibits the intentional sharing of another person’s private sexual images. Revenge porn is considered a misdemeanor with $1,000 fines and up to a year in jail. If the revenge porn causes financial loss to the victim, was posted to a porn site, or the intention was to harass or profit from the image, then it would be a felony.
Mississippi
Mississippi does not have any laws that specifically mention revenge porn.
Missouri
The Revised Statutes of Missouri Sections 573.110 and 573.112 prohibit the threat of non-consensual distribution of private sexual images as blackmail or coercion. The person must be 18 or over, nude or performing a sexual act in the image, and it must be reasonably assumed that the image is private. Revenge porn is a Class E felony in Missouri with up to 4 years imprisonment.
Montana
Montana does not have any laws that specifically mention revenge porn.
Nebraska
Nebraska does not have any laws that specifically mention revenge porn.
Nevada
Nevada Revised Statutes Section 200-780 prohibits the sale or electronic distribution of another person’s intimate images. To be classed as revenge porn, the victim must be over 18 years of age at the time the image was created, did not consent to the distribution or sale of the image, and reasonably believed the image would be kept private. Revenge Porn penalties are a fine of up to $5,000 and between 1 and 4 years in state prison.
New Hampshire
New Hampshire Revised Statutes Section 644:9-a prohibits the non-consensual distribution of private images of a sexual nature. The intention behind the distribution must be to coerce, harass, threaten, or intimidate the victim. Revenge porn is a felony in New Hampshire.
New Jersey
New Jersey Code Section 2C:14-9 prohibits non-consensual recordings of someone engaging in a sexual act or showing intimate body parts. Revenge porn is a felony with penalties of 3-5 years in prison and a fine of up to $15,000.
New Mexico
Section 30-37A-1 prohibits the distribution, broadcast, publishing, or releasing to the public of sexual images without consent. Revenge porn is a misdemeanor for the first offense and a felony for the second offense.
New York
New York does not have revenge porn laws.
North Carolina
General Statutes Section 14-190.5A prohibits the disclosure of sexual images if the subject of the picture is identifiable from the image or the information posted with the image. It is revenge porn if the intention is to harass, humiliate, cause financial loss, demean, intimidate, or coerce, or encourage others to do any of the preceding actions. Revenge porn is a Class H felony in North Carolina.
North Dakota
Section 12.1-17-07.2 prohibits the disclosure of sexual or nude images without consent with the intention of causing harm. Revenge porn is a Class A misdemeanor in North Dakota.
Ohio
Ohio does not have any specific revenge porn laws.
Oklahoma
Section 1040.13b of Title 21 prohibits the distribution of private sexual images without consent. Revenge porn is a misdemeanor punishable by a $1,000 fine and a year jail time.
Oregon
Oregon Revised Statutes Section 166.065 prohibits the unlawful distribution of intimate images. First time revenge porn offenders are charged with Class A misdemeanors. Repeat revenge porn offenders are charged with a Class C felony.
Pennsylvania
Title 18 Pennsylvania Consolidated Statutes and Section 3131 prohibits the distribution of sexually explicit photos without consent with the intention of causing harm or distress. Revenge porn is penalized by a $5,000 fine and up to a year in prison.
Rhode Island
Rhode Island General Laws and Section 11-64-3 prohibits the unauthorized distribution of “indecent material.” Revenge porn is charged with a misdemeanor for the first offense and felony for any further offenses. If the intention of the revenge porn was extortion, then the offense will always be a felony.
South Carolina
South Carolina does not have any specific revenge porn laws.
South Dakota
South Dakota Statutes Section 22-21-4 prohibits the non-consensual distribution of recordings or images with the intention of embarrassing or harassing another. Revenge porn is a Class 1 misdemeanor in South Dakota. If the victim of the revenge porn is 17 years or younger, then it is a Class 6 felony.
Tennessee
Tennessee Code Section 39-13-301 prohibits the distribution of intimate images to cause the revenge porn victim emotional distress. Revenge porn is a Class A misdemeanor.
Texas
Texas Penal Code Section 21.16 prohibits the intentional distribution of intimate visual material without consent. Revenge porn is a Class A misdemeanor.
Utah
Section 76-5b-203 prohibits the intentional distribution of any type of sexual image without consent. Revenge porn is a Class A misdemeanor.
Vermont
Section 2, 13 VSA Section 2606 prohibits the non-consensual distribution of nude or sexually explicit videos or photographs. Revenge porn is punished by up to 2 years in prison and a fine.
Virginia
Code of Virginia Section 18.2-386.2 prohibits non-consensual distribution of sexual images with the intent to intimidate, harass, or coerce. Revenge porn is a Class 1 misdemeanor with penalties of a fine and up to 2 years prison time.
Washington
Washington Revised Code Section 9.61.260 prohibits the intentional and malicious distribution or disclosure of intimate images without consent. Revenge porn is a gross misdemeanor in Washington.
West Virginia
Code of West Virginia Section 61-8-28 prohibits the intentional public display or distribution of intimate or sexually explicit images without consent. Threatening to do the above is also charged with revenge porn. Revenge porn is a misdemeanor in West Virginia and is penalized with a year in jail and a fine of between $1,000 and $5,000.
Wisconsin
Code of Wisconsin Section 942.09 prohibits the non-consensual distribution of partially nude or nude images and images of sexual conduct. Revenge porn is a misdemeanor with penalties of jail time and fines.
Wyoming
Wyoming does not have any specific revenge porn laws.