Internet Lawyer Blog
Revenge porn—also known as non-consensual pornography—refers to the sharing of explicit images or videos of individuals without their consent, often with the intent to cause harm, shame, or distress. State and federal laws in the United States address the criminalization of revenge porn. While state laws vary widely, there is also a federal statute that addresses non-consensual pornography.
Federal Law: 18 U.S.C. § 2261A (The SHIELD Act)
– In 2019, Congress passed the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act, which amends federal stalking law to include a provision that criminalizes certain instances of revenge porn.
– Key Provisions:
– Criminalizes the distribution of intimate images of a person with the intent to cause harm or distress when the individual depicted has a reasonable expectation of privacy.
– Punishment: Violators can face up to 5 years in prison if convicted.
– Challenges: The SHIELD Act doesn’t address all cases of revenge porn and focuses primarily on cases involving stalking or harassment across state lines or through electronic communication. It applies in situations where interstate commerce is involved, limiting its application to cases with a federal nexus.
State Revenge Porn Laws:
As of 2024, 48 states, the District of Columbia, and Guam have specific laws criminalizing revenge porn. These laws vary significantly in terms of how they define the crime, penalties imposed, and whether intent to harm is required. Below is a general overview of the key elements typically covered in state revenge porn laws:
- Definition of Revenge Porn:
– Most states define revenge porn as the distribution of sexually explicit images or videos of a person without their consent, when the person depicted has a reasonable expectation of privacy.
– Some states require proof that the perpetrator intended to cause harm, while others focus on the unauthorized dissemination of the material, regardless of intent.
- Consent:
– A crucial aspect of these laws is the lack of consent. Even if the person initially consented to the taking of the images or videos, sharing them without permission constitutes a violation.
- Expectation of Privacy:
– The subject of the images or videos must have had a reasonable expectation that the material would remain private. This is typically the case with intimate images shared in private relationships.
- Intent to Harm:
– Some states require that the distribution be done with the intent to harass, harm, or distress the victim, while others criminalize any unauthorized distribution, regardless of motive.
- Penalties:
– Penalties range from misdemeanors to felonies depending on the state, the extent of harm caused, and whether the defendant has previous convictions.
– Misdemeanors: Typically result in fines, probation, or jail time (often less than a year).
– Felonies: Can result in longer prison sentences (up to several years) and higher fines.
– Civil remedies are also available in many states, allowing victims to sue for damages.
State Revenge Porn Laws:
California:
– California Penal Code § 647(j)(4)
– Overview: California was the first state to enact a revenge porn law in 2013. It criminalizes the intentional distribution of intimate images without consent when the person depicted has a reasonable expectation of privacy.
– Penalties: Violators face up to 6 months in jail and/or a fine of $1,000 for the first offense. A second offense may result in a year in jail and/or a $2,000 fine.
New York:
– N.Y. Penal Law § 245.15 (Criminalization of Unlawful Dissemination or Publication of an Intimate Image)
– Overview: New York’s law, passed in 2019, criminalizes the intentional publication of intimate images without consent, knowing that the publication will cause emotional harm.
– Penalties: Punishable by up to one year in jail and fines. Victims can also pursue civil claims for monetary damages.
Texas:
– Texas Penal Code § 21.16 (Unlawful Disclosure or Promotion of Intimate Visual Material)
– Overview: Texas criminalizes the distribution of intimate visual material without the consent of the person depicted, regardless of intent to harm.
– Penalties: This is a Class A misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $4,000.
Florida:
– Florida Statutes § 784.049 (Sexual Cyberharassment)
– Overview: Florida’s law criminalizes posting sexually explicit images without consent with the intent to cause harm.
– Penalties: A first offense is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Subsequent offenses are third-degree felonies, punishable by up to 5 years in prison.
Illinois:
– Illinois Compiled Statutes § 720 ILCS 5/11-23.5 (Non-consensual Dissemination of Private Sexual Images)
– Overview: Illinois criminalizes the distribution of private sexual images without consent. No intent to harm is required.
– Penalties: This is a Class 4 felony, punishable by up to 1 to 3 years in prison and fines up to $25,000.
Washington, D.C.:
– Law: D.C. Code § 22-3052 (Prohibition Against Disclosure of Sexual Images Without Consent)
– Overview: The law criminalizes sharing sexual images without consent with the intent to harass or cause harm.
– Penalties: Punishable by up to 1 year in jail and a fine of up to $12,500.
Common Elements in State Laws:
– Private Cause of Action: In addition to criminal penalties, many states allow victims to file civil lawsuits to seek monetary damages.
– Online Platforms: Some laws hold social media platforms accountable for hosting revenge porn if they fail to remove the content after being notified.
– Exemptions for Law Enforcement: Most laws exempt activities carried out by law enforcement in the course of investigations or legal proceedings.
Civil Remedies: Many states provide civil remedies that allow victims of revenge porn to sue perpetrators for damages. Victims may seek the following remedies:
– Injunctions to prevent further dissemination of the images.
– Compensatory damages for emotional distress, reputational harm, and other consequences.
– Punitive damages to punish particularly egregious behavior.
Conclusion:
Revenge porn laws in the United States provide both criminal and civil avenues for redress. Federal law, through the SHIELD Act, targets specific instances of image exploitation, while state laws offer a broader range of protections, varying in their definitions, intent requirements, and penalties. Most states offer victims both criminal and civil remedies, reflecting the growing recognition of the harms caused by non-consensual pornography. You may contact our law firm to speak with an internet and technology attorney at your convenience.