Revenge Porn Laws
Revenge porn constitutes online harassment when someone consensually posts sexually explicit materials of a victim online. Here’s everything you need to know about revenge porn laws by state.
Not all states have revenge porn laws and the penalties for states differ. However, the majority of states have revenge porn laws and the majority of these states consider revenge porn a misdemeanor.
What is Revenge Porn?
Revenge porn, or intentional distribution of non-consensual porn, refers to a type of online harassment when a person (ex: ex-partner or hacker) posts sexually explicit images of a victim online without their permission. Revenge porn is a form of cyber sexual harassment, or in certain cases, cyberbullying.
Penalties for revenge porn vary but can include:
- Injunctions,
- Infringement notices,
- Formal warnings,
- Take-down notices,
- Fines, and
- Jail Time.
Penalties for revenge porn differ by state. For example, Alaska classifies revenge porn as a Class B misdemeanor with up to 90 days in jail and a fine of $2,000. While Delaware classifies revenge porn as a Class G Felony if aggravating factors are present.
Related: Is Revenge Porn a Federal Crime?
Prohibited actions, in most states, include:
- Publication or distribution of images showing the genitals, anus, or female breast of another person, or
- Depicts an individual engaging in a sexual act.
Prohibited behavior differs by state. For example, Florida prohibits individuals from publishing sexually explicit images of another person along with identifying information of the depicted person to a website without the victim’s consent and with the intent of causing the victim emotional distress. Whereas, Kansas prohibits uploading sexual photos or videos of another person without their permission.
Different State Revenge Porn Laws
Currently, only 42 states and the District of Columbia have revenge porn laws. Most states consider an individual guilty if the distributor must be distributing images or videos considered sexual in nature. For example, the images could show the victim’s intimate body parts.
A state can also charge distributors with crimes such as cyber crimes, computer crimes, and the distribution of child pornography. In some states, the judge can require the defendant to register as a sex offender if convicted.
The following states consider revenge porn (or a version of revenge porn) as a misdemeanor: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Iowa, Maine, Maryland, Minnesota, Nebraska, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, and Wisconsin.
The following states classify revenge porn as a felony (some states classify some cases as a misdemeanor and a felony): Arizona, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Kansas, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, South Dakota, and Texas.
Related: Is Revenge Porn Sexual Assault?
The following states have no revenge porn laws: Indiana, Kentucky, Massachusetts, Mississippi, Montana, New York, Ohio, South Carolina, and Wyoming.
All information is accurate as of April 2022.
FAQs About Revenge Porn Laws by State
Do federal porn laws exist?
Yes, federal law prohibits the possession, sale, or distribution of obscene materials and the transportation of said materials across state borders for distribution purposes. The federal government prohibits an individual from possessing obscene matter. However, receiving obscene materials could violate federal law. Convicted offenders could face fines and jail time. To see if the material violates federal law, a person should apply the three-pronged Miller Test: (1) if the average person finds the matter appeals to prurient interests, (2) if the average person finds the matter to depict sexual conduct in a patently offensive way, and (3) if a reasonable person finds the matter lacks serious literary, artistic, political, or scientific value.
What can I do if I’ve been charged with revenge porn?
Someone charged under their state’s revenge porn laws should reach out to a local defense attorney to receive legal representation.
What can victims of revenge porn do?
Someone who believes they are a victim of revenge porn should begin by researching the laws in their state, contact legal representation, or file a report at their local Police Department. Victims can call the Cyber Civil Rights Initiative’s crisis hotline: 844-878-2274 for advice or help.
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