Revenge Porn and the Law in My State

Social media apps like Facebook, Instagram, Snapchat, TikTok, and YouTube allow immediate sharing of photos and videos, which can remain in cyberspace forever. A photo or video shared in confidence can become a weapon when posted online without consent. Known legally as the nonconsensual dissemination of intimate images, and colloquially referred to as revenge porn, this type of abuse sits at the intersection of criminal law, privacy law, and digital rights.

Most states criminalize revenge porn, and civil courts offer victims additional avenues for justice and recovery. Understanding the laws that apply and the steps victims can take is the first move toward regaining control and holding the responsible party accountable. For legal help, reach out to a sexual abuse lawyer.

What Is Revenge Porn?

The term “revenge porn” is a culturally created term, not a formal legal one. It refers to someone sharing an intimate image of another person without that person’s consent, generally as a form of retaliation. It’s common for the sexually explicit images to have been sent by a former partner during the course of the relationship.

In legal terms, revenge porn is often referred to in statutes as “nonconsensual pornography,” “image-based sexual abuse,” or “nonconsensual dissemination of private sexual images.” Statutes typically focus on the “lack of consent” or the “invasion of privacy” aspect of the act and less so on the intent of revenge.

Statutes also tend to be broad in definition. The images or videos don’t always have to come from an intimate partner. They could be obtained through hacking, coercion, voyeurism, or theft.

Federal Laws Against Revenge Porn

There is no single “revenge porn” federal law. However, there are federal laws that can be relevant in a revenge porn claim.

The federal cyberstalking statute may be relevant if the individual stalked the other person online. Interstate harassment laws could apply if the parties are in different states. The Computer Fraud and Abuse Act could apply if the images were acquired through hacking. If the victim is a minor, child pornography laws could be relevant.

In 2025, Congress enacted the TAKE IT DOWN Act. It addresses images of an intimate nature that are publicly shared without consent. While the Act includes revenge porn language, it was primarily enacted to address deepfake imagery of an intimate nature that was created using artificial intelligence.

Victims of revenge porn can benefit from speaking with a lawyer who understands state and federal law. The attorney can explain if any of these or other federal laws could apply to the specific facts of their claim.

State Criminal Laws Against Nonconsensual Pornography

While there are common elements and themes in state revenge porn laws, each state has created its own statute. Victims who don’t meet the requirements of their state’s revenge porn law must rely on general laws, such as those prohibiting harassment, stalking, extortion, or invasion of privacy.

Generally, states require:

1. The image must be of an intimate or sexual nature
2. The original content was created or shared with the reasonable expectation of privacy
3. The person depicted in the images or video to be identifiable (some states require that the identifiable person’s intimate body parts be exposed in the image)
4. The content distribution occurred without the person’s consent in the images
5. The distribution was intended to harass, harm, or intimidate the individual (some state broaden the intent to include sexual gratification or arousal of others)

While these elements are common, they are not required by all states. For example, not all states require proof of intent to cause harm. And while some states classify revenge porn as a misdemeanor, others classify it as a felony.

The criminal penalties for revenge porn vary significantly. Typically, the punishment will include jail time, fines, or both.

State-by-State Revenge Porn Laws

State	Statute	Possible Penalties
Alabama	Alabama Code, Section 13A-6-240	First offense: Class A misdemeanor, punishable by up to one year in jail Subsequent offenses: Class C felony, punishable by up to 10 years of incarceration
Alaska	Alaska Statutes, Section 11.61.120	Class B misdemeanor punishable by up to 90 days in jail, and/or a fine of $2,000
Arizona	Arizona Revised Statutes, Section 13-1425	Class 5 felony if the image is disclosed by electronic means, the violation is treated as a class 4 felony with the following penalties: – Presumptive 2.5 years in prison – A fine of up to $150,000 and/or – Possible registration as a sex offender
Arkansas	Arkansas Code, Section 5-26-314	Punishable by up to one year in jail, a fine of up to $2,500, or both
California	California Penal Code, Section 647(j)(4)	Violations are treated as a misdemeanor, punishable with a maximum of one year in jail, and/or a fine of up to $1,000
Colorado	Colorado Revised Statute, Section 18-7-107, 108	Violations are treated as a class 1 misdemeanor, punishable by up to 18 months in jail and a fine of up to $10,000
Connecticut	Connecticut General Statutes, Section 53a-189c	Violations are treated as: – Class A misdemeanor if disseminated to another person. Punishable by up to 364 days in jail, a $2,000 fine, or both, or – Class D felony if disseminated to more than one other person and via telecommunications service. Punishable by up to 5 years in prison, a $5,000 fine, or both
Delaware	Delaware Code Title 11, Section 1335	Violations are treated as: – Class A misdemeanor, punishable by up to 1 year in jail, a $2,300 fine, or both – Class G felony, if aggravating factors are present, punishable by up to 5 years in prison
District of Columbia	DC Code, Section 22-2051 et. seq	Violations are treated as either of the following: – Misdemeanor (disclose to five or fewer), punishable by a maximum fine of $1,000 and/or 180 days in jail – Felony (publish to six or more, or make available on the internet), punishable by a fine of up to $12,500, and/or three years in prison
Florida	Florida Statutes, Section 784.049(3)	Violations are treated as follows: – First-degree misdemeanor, punishable by up to one year in jail, up to $1,000 fine, or both – Subsequent offenses may bring a third-degree felony charge, punishable by up to 5 years in prison, $5,000 fine, or both
Georgia	Georgia Code, Section 16-11-90	Misdemeanor of a high and aggravated nature A second or subsequent violation is a felony, punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000, or both
Hawaii	Hawaii Revised Statutes, Section 711-1110.9	Violations in the first-degree are a class C felony, punishable by up to 5 years in prison, $10,000 fine, or both Court can also order destruction or sealing of the photos or video
Idaho	Idaho Code, Section 18-6605(a)-(c)	Violations are a felony offense, punishable by up to 5 years in prison, up to $50,000 fine, or both
Illinois	Illinois Criminal Code, Chapter 720 § 11-23.5 and Chapter 740 § 190/25	Violations are treated as a class 4 felony, for which the offender faces one to three years in prison and/or a fine of up to $25,000 Victims also have civil remedies to recover economic and punitive damages
Indiana	Indiana Criminal Code, Section 35-45-4-8	Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction
Iowa	Iowa Code, Section 708.7 (1)(a)(5)	A person 18 years of age or older who commits a violation shall be required to register as a sex offender
Kansas	Kansas Statutes, Section 21-6101(a)(8)	First offense: Punishable by 7-23 months in prison, a fine of up to $100,000, or both Second offense: Punishable by 31-136 months in prison, a fine of up to $300,000, or both
Kentucky	Kentucky Statutes, Section 531.120	First offense: Class A misdemeanor, punishable by up to 12 months in jail, up to $500 fine, or both Subsequent offenses: Class D felony, punishable by 1-5 years in prison, fine up to $10,000, or both
Louisiana	Louisiana Revised Statutes, Section 14:283.2	Violations are punishable by up to two years in jail, a fine of up to $10,000, or both
Maine	Maine Criminal Code, 17A MRSA Section 511-A	Class D crime, punishable by up to one year in county jail, a fine of up to $2,000, or both
Maryland	Maryland Criminal Law Code, Section 3-809	Misdemeanor, punishable by up to two years in jail, a fine of up to $5,000, or both
Massachusetts	General Law – Part IV, Title I, Chapter 272, Section 105	Punished by: – Imprisonment in the house of correction for not more than 2.5 years – In state prison for not more than 5 years – By a fine of not more than $10,000, or – By both fine and imprisonment
Michigan	Michigan Codified Laws, Section 750.145e	Misdemeanor punishable by up to 93 days in jail, or a fine of up to $500 For a second or subsequent violation, penalties increase to up to one year in jail, a fine up to $1,000, or both
Minnesota	Minnesota Statutes, Section 617.261	Violations are treated as gross misdemeanors, punishable by a fine up to $3,000 Violations are treated as a felony under certain circumstances, including if the material causes financial loss, is characterized by intent to profit or intent to harass, or is posted to a porn site Civil damages for the victim are capped at $10,000, and any additional value equal to court costs, court fees, and reasonable attorney fees
Mississippi	Mississippi Code Annotated, Section 97-29-64.1	First offense is a misdemeanor, punishable by up to six months in a county jail and/or a fine of up to $1,000 A second or subsequent violation is treated as a felony, punishable by up to one year in prison and/or a fine of up to $2,000 If the offense is committed for financial profit, it will be treated as a felony, punishable by one year in prison and/or a fine of up to $2,000
Missouri	Revised Statutes of Missouri, Section 573.110 & 573.112	Offenses are treated as a class D felony, punishable by up to seven years in state prison, a fine of up to $10,000, or both The victim can also pursue a private cause of action for civil damages. Recovery can be $10,000 or actual damages, whichever is greater
Montana	Montana Code Annotated, Section 45-8-213 (1)(d)	Violations begin as misdemeanor but can become a felony when repeated: – First offense is punishable by a fine of up to $500, up to six months jail time, or both – Second offense is punishable by a fine of up to $1,000, up to one year jail time, or both – Third and later offense is punishable by up to $10,000 fine, up to five years in prison, or both
Nebraska	Nebraska Revised Statutes, Section 28-311.08, Section 25-3503	First offense: Class I misdemeanor, punishable by up to one year in jail, up to $1,000 fine, or both Subsequent violation: Class IV felony, punishable by up to two years in prison, up to $10,000 fine, or both Civil remedies include economic and noneconomic damages as well as potential recovery of attorneys’ fees
Nevada	Nevada Revised Statutes, Section 200-780	Class D felony offense, punishable by one to four years in prison, and a fine of up to $5,000, or both
New Hampshire	New Hampshire Revised Statutes, Section 644:9-a	A person is guilty of a class A misdemeanor Subsequent offenses are Class B felony Law provides for forfeiture of property
New Jersey	New Jersey Code, Section 2C:14-9	Crime of the third degree, punishable by imprisonment and a fine of up to $30,000
New Mexico	New Mexico Statutes, Section 30-37A-1	First offense: Misdemeanor, punishable by term of jail less than 1 year, a fine of up to $1,000, or both Second offense: Felony of the fourth degree, punishable by up to 18 months in prison, a fine of up to $5,000, or both
New York	Consolidated Laws of New York, Section 245.15	Class A misdemeanor, punishable by up to 364 days in jail, a fine of up to $1,000, or both
North Carolina	General Statutes, Section 14-190.5A	Class H felony, punishable by up to 3 years in state prison, a fine, or both Civil action for actual and punitive damages is also available
North Dakota	North Dakota Century Code, Section 12.1-17-07.2	Class A misdemeanor, punishable by up to 360 days in jail, a fine up to $3,000, or both
Ohio	Ohio Revised Code, Section 2917.211(B)	First offense: Third-degree misdemeanor, punishable by up to 60 days in jail, up to $500 fine, or both Second offense: Second-degree misdemeanor, punishable by up to 90 days in jail, fine up to $750, or both Subsequent Offenses: First-degree misdemeanor, punishable by up to 180 days in jail, up to $1,000 fine, or both
Oklahoma	Oklahoma Statutes, Section 1040.13b	Misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both If committed for financial gain, a felony offense, punishable by up to four years in prison A second felony offense can lead to up to 10 years in prison and sex offender registration
Oregon	Oregon Revised Statutes, Section 163.472	Unlawful dissemination of an intimate image is a Class A misdemeanor punishable by up to 364 days in jail, up to $6,250 fine, or both Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense. punishable by up to five years in prison, up to $125,000 fine, or both
Pennsylvania	Pennsylvania Consolidated Statutes, Title 18 Section 3131	If victim is an adult (18 years or older): Second-degree misdemeanor, punishable by up to two years in jail, a fine of up to $5,000, or both If victim is a minor (under 18 years of age): First-degree misdemeanor, punishable by up to five years in jail, a fine of up to $10,000, or both
Rhode Island	R.I. Gen. Laws § 11-64-3	Misdemeanor subject to imprisonment of not more than one year, a fine of not more than $1,000, or both Subsequent offenses increase the penalties
South Carolina	H. 3058	First offense: Fined not more than $5,000 or imprisoned not more than five years, or both Second or subsequent offense: Fined not more than $10,000 or imprisoned not less than one year but not more than 10 years, or both
South Dakota	South Dakota Statutes, Section 22-21-4	Class 1 misdemeanor, punishable by up to one year in jail, a fine of up to $2,000, or both Class 6 felony if victim is minor, punishable by up to two years in prison, a fine of up to $4,000, or both
Tennessee	Tennessee Code, Section 39-17-318	Class A misdemeanor, punishable by up to 11 months and 29 days in jail, a fine of up to $2,500, or both
Texas	Texas Penal Code, Section 21.16	State jail felony, punishable by jail time of 180 days to two years, a fine of up to $10,000, or both
Utah	Utah Criminal Code, Section 76-5b-203	Class A misdemeanor, punishable by up to 364 days in jail, a fine of up to $2,500, or both For second and later offenses, felony of the third degree, punishable by up to five years in prison, a fine of up to $5,000, or both
Vermont	Vermont Statutes, 13 V.S.A. Section 2606	Imprisoned not more than two years or fined not more than $2,000, or both Intent of disclosing the image for financial profit shall be imprisoned not more than five years or fined not more than $10,000, or both
Virginia	Code of Virginia, Section 18.2-386.2	Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both
Washington	Washington Revised Code, Section 9A.86.010	First offense: Gross misdemeanor, punishable by up to 364 days in jail, a fine of up to $5,000, or both Second offense or later: Class C felony, punishable by up to five years in prison, a fine of up to $10,000, or both
West Virginia	Code of West Virginia, Section 61-8-28a	Misdemeanor fined not less than $1,000 nor more than $5,000, or both confined and fined Second or subsequent violation is a felony punishable by: – Imprisonment in a state correctional facility for not more than three years – Fined not less than $2,500 nor more than $10,000, or – Both imprisoned and fined
Wisconsin	Code of Wisconsin, Section 942.09	Class I felony (if the victim is under 18 years old), punishable by up to three years and six months in prison, a fine of up to $10,000, or both
Wyoming	Wyoming Statutes, Section 6-4-306	Misdemeanor punishable by not more than one year imprisonment, a fine of not more than $5,000, or both

How To Get Intimate Images Taken Down

To remove private images, victims can begin by contacting the platform where the images appear . Many reputable platforms will take steps to remove the content. This is especially true if the images are sexual in nature, as they will likely violate the user agreement in addition to being a potential crime. Social media platforms like Facebook, Instagram, X (formerly Twitter), TikTok, YouTube, and Reddit have reporting procedures to ensure removal.

A legal approach can be another effective method of content removal. Victims who own the copyright (they took the image) can send a Section 512 takedown request. Victims can turn to the court for injunctive relief if the platform fails to take down the image through requests. Civil litigants may be able to obtain temporary restraining orders or a court order directing takedown and subpoenas to hosting providers for identity information.

Victims can also seek assistance with a third-party take-down service. These companies charge for their services. They may be cost-prohibitive for many victims. There are also limitations to their ability to fully remove an image.

The sad truth is that victims may never be able to fully remove their images from the internet. Images can be reuploaded, and new websites can take the offending content and add it to their website. The removal process can become never-ending. There are also less reputable service providers that may refuse to comply with removal requests.

Filing a Civil Lawsuit Against the Perpetrator

In addition to criminal charges, a victim may want to seek a civil claim. The civil court process aims to make the victim whole for the harms they’ve suffered.

Victims of revenge porn may have a civil claim outside of the revenge porn statute. A claim could include invasion of privacy, portrayal in a false light, defamation, or copyright infringement.

The damages victims may seek can vary significantly. If they experience actual damages, these are calculated based on the evidence provided. This could include lost wages, therapeutic treatment costs, or reputation harm.

Depending on the claim, a victim may also seek non-economic damages. These typically include emotional distress. If the actions were especially egregious, punitive damages may be awarded. These are designed to punish the acting party and discourage them from doing it again in the future. Many states include attorneys’ fees as a possible remedy for victims with a successful claim.

While it is not common in other claims, injunctive relief is a possible remedy for civil revenge porn claims. This is an order issued by the court directing one party to specifically do or not do a specific act. In a revenge porn situation, it could be to order the other party to take the images down or not post them again in the future.

Documenting Evidence of Revenge Porn

Preserving evidence is essential for criminal investigations, civil lawsuits, and takedown requests. Once the other party realizes their actions are criminal and have very real consequences, they may try to hide their actions by taking down the images.

Taking screenshots upon discovery ensures you have documented the images and where they were posted. Try to include the full URL, the poster’s username, and timestamps from when it was posted. If possible, collect the metadata of the images. Do not alter anything. Altering the evidence can jeopardize the chain of custody.

In some situations, the perpetrator may have communicated with the victim. These communications should be saved. It can also be helpful to collect the contact information of witnesses for when communication was done in person.

Can You Get a Protective Order?

In many states, a victim can seek civil protection or a restraining order when the sharing of images is part of harassment, stalking, domestic abuse, or threats. Depending on the state and the situation, there are several types of protective orders that victims can request.

Victims of sexual abuse, sexual assault, or domestic violence can seek a domestic violence or family violence protection order. The parties typically need to have an intimate or familial relationship. A civil harassment or stalking restraining order is more appropriate when the perpetrator is a stranger.

Find Legal Help

A sexual abuse lawyer can advise on whether and when to involve law enforcement. They can represent the victim in a civil claim. They can prepare the necessary documents to send during the take-down process. A lawyer also knows the full extent of damages the victim can seek.