States with Revenge Porn Laws
Sixteen states have criminal laws against revenge porn, with legislation pending in an additional 12 states.
STATES WITH REVENGE PORN CRIMINAL LAWS:
(last updated April 23, 2015)
- Alaska: Harassment in the second degree. Alaska Stat. 11.61.120
- Arizona*: Unlawful distribution of images. Arizona Revised Statutes 13-1425 (Apr. 2015 amended version) [Note: presently on hold]
- California: Disorderly conduct misdemeanor. California Penal Code 647(j)(4).
- Colorado: Posting a private image for harassment (18-7-107), Posting a Private Image for pecuniary gain (18-7-108) -- both are class 1 misdemeanors. Colorado Revised Statutes 18-7-107 and 18-7-108
- Delaware: Violation of privacy; class B misdemeanor and class G felony if aggravating factors present Section 1335, Title 11 Delaware Code
- Idaho: Video voyeurism felony. Idaho Code 18-6609(2)(b)
- Illinois: Non-consensual dissemination of private sexual images; class 4 felony Illinois Criminal Code Sec. 11-23.5
- Hawaii: Violation of privacy in the first degree, class C felony. Hawaii Revised Statutes 711-1110.9
- Georgia: Invasion of privacy misdemeanor. Georgia Code Title 16 Chapter 11 Article 3 Part 1 16-11-90
- Maryland: Stalking and harassment. Maryland Code Section 3-809
- New Mexico: Unauthorized Distribution of Sensitive Images. Misdemeanor; (fourth degree felony if recidivist). New Mexico Criminal Code
- New Jersey: Invasion of privacy, third degree. New Jersey Code. 2C:14-9(c)
- Pennsylvania: Unlawful dissemination of intimate image, misdemeanor, 2nd degree (1st degree if person depicted is a minor). Title 18 Pennsylvania Consolidated Statutes Section 3131.
- Texas*: Improper Photography or Visual Recording Texas Penal Code 21.15 [Note: 21.15(b)(1) held unconstitutional]
- Utah: Distribution of intimate images, misdemeanor. Utah Code 76-5b-203
- Virginia: Unlawful dissemination or sale of images of another person; class 1 misdemeanor. Code of Virginia 18.2-386.2
- Wisconsin: Representations depicting nudity. Code of Wisconsin 942.09. See also text here.
THE FOLLOWING STATES HAVE BILLS PENDING IN LEGISLATION:
AR, AZ, CT, DC, FL, KS, KY, MA, ME, MO, ND**, NE, NY, OR, PR RI, SC, TN, TX, VT, WA
* Not active/enforceable
** North Dakota's Bill 2357 passed both houses and waiting for gov's signature. It establishes both criminal and civil liability.
STATES WITH REVENGE PORN CIVIL REMEDIES (i.e. dedicated laws for victims to use to sue offenders)
California Civil Code Section 1708.85
Wisconsin
(soon also North Dakota. Bill waiting gov's signature)
DON'T SEE YOUR STATE? Contact your lawmaker and tell them to get on it already. Not sure how to contact your lawmaker? Message me here.
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