States With Revenge Porn Laws

C.A. GOLDBERG, PLLC

Civil litigators when privacy and control are in jeopardy.

SB301: Distributing a private image. First offense, Class A Misdemeanor. Up to 1 year in jail. Subsequent offenses, Class C Felony. Up to 10 years in jail.

Alaska Stat. 11.61.120: Non-consensual disclosure of intimate images. Harassment in the 2nd degree.

Arizona Revised Statutes, 13-1425: “Unlawful distribution of images depicting states of nudity or specific sexual activities.”  Class 5 Felony. If disclosed by electronic means, Class 4 Felony.  If threatens to disclose but does not disclose, Class 1 Misdemeanor.

Arkansas Code 5-26-314: “Unlawful distribution of sexual images or recordings.” Class A Misdemeanor

California Penal Code 647(j)(4): “Unlawful distribution of image.” Disorderly Conduct Misdemeanor.

Colorado Revised Statutes 18-7-107 and 18-7-108: “Posting a private image for harassment (18-7-107); posting a private Image for pecuniary gain (18-7-108).” Both Class 1 Misdemeanors.

§ 53a-189c, Connecticut General Statutes: “Unlawful dissemination of an intimate image.” Class A Misdemeanor.

§ 1335, Title 11, Delaware Code: Non-consensual disclosure of a “a visual depiction of a person who is nude, or who is engaging in sexual conduct. . .” Class B Misdemeanor. Upgraded to Class G Felony if aggravating factors present.

D.C. Law 20-275: “. . .unauthorized disclosure of a sexual image of another person.” Felony. Up to 3 years in jail.

784.049, Florida Statutes: Sexual cyber-harassment. First offense, Misdemeanor in the First Degree. Subsequent offense, Felony in Third Degree.

16-11-90, Georgia Code: Prohibition on nude or sexually explicit electronic transmissions. Invasion of privacy. Misdemeanor.

Hawaii Revised Statutes 711-1110.9: Nonconsensual disclosure of “an image or video of another identifiable person either in the nude” Violation of Privacy in the First Degree. Class C Felony.

18-6609(2)(b), Idaho Code: “Non-consensual dissemination or selling of intimate image(s).” Video Voyeurism Crime. Felony.

§ 11-23.5, Illinois Criminal Code: “Non-consensual dissemination of private sexual images.” Class 4 Felony.

§ 11-23.5, Illinois Criminal Code: “Non-consensual dissemination of private sexual images.” Class 4 Felony.

Kansas Statutes Annotated 21-6101(8): “. . .disseminating any videotape, photograph, film or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity.” Severity Level 8, Person Felony.

R.S. 14:283.2: “Nonconsensual disclosure of a private image.” Up to 2 years in jail and/or up to $10,000 fine.

§ 1. 17-A, MRSA 511-A: “. . . unauthorized dissemination of certain private images if the person, with the intent to harass, torment or threaten the depicted person or another person.” Class D Crime.

§ 3-809, Maryland Code: “. . .intentionally causing serious emotional distress to another by intentionally placing on the Internet. . .” Misdemeanor. Up to 2 years in jail and/or $5000 in fine.

§ 145e and § 145f: “…disseminat[ion] of any sexually explicit visual material.” First offense, Misdemeanor. Up to 93-days in jail and/or up to $500 fine. Subsequent offenses, Misdemeanor. Up to one year in jail and/or up to $1,000 fine.

§ 617.261, Minnesota Statutes: “Nonconsensual dissemination of private sexual images . . .” Gross Misdemeanor. Upgraded to Felony if victim suffers financial loss, intent to profit, intent to harass, posted to web site.”

NRS, Chapter 200, §2-6: “. . .  unlawful dissemination of an intimate image of a person.” Category D Felony.

§ 644:9-a, N.H. Rev. Stat: “Violation of privacy.” Class A Misdemeanor.

§ 2C:14-9 (2013), NJ Rev Stat: “[Disclosure] of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact…” Invasion of Privacy, 3rd Degree.

New Mexico Criminal Code: “Unauthorized distribution of sensitive images.” First offense, Misdemeanor. Subsequent offenses, Fourth Degree Felony.

§ 14-190.5A, General Statutes: “Disclosure of private images.” Offender over 18, Class H Felony. First offense if person is under 18, Class 1 misdemeanor. Subsequent offenses if person is under 18, Class H Felony.

§ 12.1-17-07.2, North Dakota Century Code: “Distribution of intimate images without or against consent.” Class A Misdemeanor.

Oklahoma Statutes Section 1040.13b: “Nonconsensual dissemination of sexual images.” Misdemeanor.

ORS 161.005: “Unlawful dissemination of an intimate image.” First offense, Class A Misdemeanor. Subsequent offenses, Class C Felony.

 Title 18 Pennsylvania Consolidated Statutes Section 3131: “Unlawful dissemination of intimate image.” 2nd Degree Misdemeanor. 1st degree if person depicted is a minor.

2018-H 7452A:”. . .unauthorized dissemination of a sexually explicit visual image of 20 another person when the person intentionally, by any means, disseminates, publishes or sells.” First violation, Misdemeanor. Up to 1 year in jail and $1,000 in fines. Subsequent violations, Felony. Up to 3 years in jail and $5,000 in fines.

§ 22-21-4: “Dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass. . .” Class 1 Misdemeanor. Upgraded to Class 6 Felony if victim is under age 17 and offender is at least age 21.

Title 39, Chapter 17, Part 3, Tennessee Code: “Distribut[ion] of an image of the intimate part or parts of another identifiable person.” Unlawful Exposure. Class A Misdemeanor.

Texas Penal Code 21.16: “Unlawful disclosure or promotion of intimate visual material.” Class A Misdemeanor. Also known as the Relationship Privacy Act.

§ 76-5b-203, Utah Code: “Distribution of an intimate image of an individual . . . without that individual’s permission.” First offense, Class A Misdemeanor. Subsequent offenses, 3rd Degree Felony.

Sec. 2. 13 V.S.A. § 2606:  “Disclosure of sexually explicit images without consent.” Up to 2 years in prison and up to $2,000 in fines.

§ 18.2-386.2, Code of Virginia: “Unlawful dissemination or sale of images of another.” Class 1 Misdemeanor.

§1, House Bill 1272, Washington: “Disclosing intimate images.” Gross Misdemeanor. Also see House Bill 2160.

§61-8-28a, Code of West Virginia: “Nonconsensual disclosure of private intimate images.” Misdemeanor. Up to a year in jail. $1,000 to $5,000 in fines.

§ 942.09, Code of Wisconsin:”Representation depicting a nude or partially nude person or depicting a person engaging in sexually explicit conduct.” Class A Misdemeanor. Additional text here.