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.

Indiana Code 35-45-4-8: Distribution of an intimate image (criminal)

  • A person who:
    • (1) knows or reasonably should know that an individual depicted in an intimate image does not consent to the distribution of the intimate image; and
    • (2) distributes the intimate image;
  • commits distribution of an intimate image, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

 

Indiana Code 34-21.5: Nonconsensual Pornography (civil)

  • A depicted individual who is identifiable and suffered harm may bring an action for disclosing nonconsensual pornography against a person who:
    • (1) creates or obtains an intimate image of the depicted individual:
      • (A) under circumstances in which a reasonable person would know or understand that the intimate image of the depicted individual was to remain private, including but not limited to an intimate image shared within the context of a sexual relationship that was then disclosed beyond that relationship;
      • (B) under false pretenses; or
      • (C) without authorization or by exceeding authorized access to property, accounts, messages, files, devices, or resources;
    • (2) discloses the intimate image depicting the individual to a third party, with the intent to:
      • (A) harass; (B) intimidate; (C) threaten; (D) coerce; (E) embarrass; (F) gain profit at the expense of; or (G) cause physical or financial injury or serious emotional distress to; the depicted person; and
    • (3) knows or acts with reckless disregard for whether the depicted individual:
      • (A) was identifiable in the intimate image; and
      • (B) did not consent to the disclosure of the intimate image to a third party.
    • The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this section or that the individual lacked a reasonable expectation of privacy:
      • (1) The individual’s consent to the creation of the image.
      • (2) The individual’s previous consensual disclosure of the image.
    • A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
    • An individual who prevails in an action brought under this chapter may recover:
      • (1) the greater of:
        • (A) economic and noneconomic damages proximately caused by the defendant’s disclosure, including damages for emotional distress whether or not accompanied by other damages; or
        • (B) statutory damages not to exceed ten thousand dollars ($10,000) against each defendant found liable under this chapter for all disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action;
      • (2) an amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and
      • (3) punitive damages.

 

§ 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.

 

Kentucky

Kentucky Revised Statutes 531.120: Distribution of sexually explicit images without consent (criminal)

  • A person is guilty of distribution of sexually explicit images without consent when:
    • (a) He or she intentionally distributes to any third party private erotic matter without the written consent of the person depicted, and does so with the intent to profit, or to harm, harass, intimidate, threaten, or coerce the person depicted; and
    • (b) The disclosure would cause a reasonable person to suffer harm.
  • This section shall not apply to:
    • (a) Images involving voluntary nudity or sexual conduct in public, commercial settings, or in a place where a person does not have a reasonable expectation of privacy;
    • (b) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment;
    • (c) Disclosures of materials that constitute a matter of public concern; or
    • (d) Internet service providers or telecommunications services, or interactive computer services, as defined in 47 U.S.C. sec. 230(f)(2), for content solely provided by another person.
  • A person who maintains an Internet Web site, online service, online application, or mobile application that distributes private erotic matter shall remove any such image if requested by a person depicted, and shall not solicit or accept a fee or other consideration to remove the visual image.
  • Distribution of sexually explicit images without consent is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense, unless the person distributes the private erotic matter for profit or gain, in which case it is a Class D felony for the first offense and a Class C felony for each subsequent offense.
  • In this section, “consent” means the consent to transmission of images to a specific recipient or recipients. Consent to the creation of the visual image does not, by itself, constitute consent to the distribution of the visual image.

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.”

Montana Code Annotated 45-8-213: Privacy in Communications (criminal) takes effect October 1, 2019

  • Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely:
    • (d) with the purpose to terrify, intimidate, threaten, harass, or injure, publishes or distributes printed or electronic photographs, pictures, images, or films of an identifiable person without the consent of the person depicted that show:
      • (i) the visible genitals, anus, buttocks, or female breast if the nipple is exposed; or (ii) the person depicted engaged in a real or simulated sexual act.
    • Subsection (1)(d) does not apply to:
      • (i) images involving the voluntary exposure of a person’s genitals or intimate parts in public or commercial settings; or
      • (ii) (A) disclosures made in the public interest, including but not limited to the reporting of unlawful conduct; (B) disclosures made in the course of performing duties related to law enforcement, including reporting to authorities, criminal or news reporting, legal proceedings, or medical treatment; or (C) disclosures concerning historic, artistic, scientific, or educational materials.
    • A person convicted of the offense of violating privacy in communications shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
    • On a second conviction, a person shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.
    • On a third or subsequent conviction, a person shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $10,000, or both.
    • Nothing in this section may be construed to impose liability on an interactive computer service for content provided by another person.

Nebraska Revised Statute 28-311.08 (criminal) takes effect September 1, 2019

  • It shall be unlawful for any person to knowingly and intentionally distribute or otherwise make public an image or video of another person’s intimate area or of another person engaged in sexually explicit conduct
    • (a) if the other person had a reasonable expectation that the image would remain private,
    • (b) knowing the other person did not consent to distributing or making public the image or video, and
    • (c) if distributing or making public the image or video serves no legitimate purpose.
    • Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this subsection is a Class IV felony.
  • It shall be unlawful for any person to threaten to distribute or otherwise make public an image or video of another person’s intimate area or of another person engaged in sexually explicit conduct with the intent to intimidate, threaten, or harass any person. Violation of this subsection is a Class I misdemeanor.

 

Nebraska Revised Statute 25-3503 (civil) takes effect September 1, 2019

  • Except as otherwise provided in section 25-3504, a depicted individual who is identifiable and who suffers harm from a person’s intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual’s consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
    • (1) the depicted individual did not consent to the disclosure;
    • (2) the intimate image was private; and
    • (3) the depicted individual was identifiable.
  • The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act or that the individual lacked a reasonable expectation of privacy:
    • (1) consent to creation of the image; or
    • (2) previous consensual disclosure of the image.
  • A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.

 

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.

New York Penal Laws Section 245.15: Unlawful dissemination or publication of an intimate image (criminal) takes effect September 21, 2019

  • A person is guilty of unlawful dissemination or publication of an intimate image when:
    • (a) with intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes a still or video image of such other person, who is identifiable from the still or video image itself or from information displayed in connection with the still or video image, without such other person’s consent, which depicts:
      • (i) an unclothed or exposed intimate part of such other person; or
      • (ii) such other person engaging in sexual conduct as defined in subdivision ten of section 130.00 of this chapter with another person; and
    • (b) such still or video image was taken under circumstances when the person depicted had a reasonable expectation that the image would remain private and the actor knew or reasonably should have known the person depicted intended for the still or video image to remain private, regardless of whether the actor was present when the still or video image was taken.
  • Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.
  • Unlawful dissemination or publication of an intimate image is a class A misdemeanor.

 

New York Civil Rights Laws Section 52-B: Private right of action for unlawful dissemination or publication of an intimate image (civil) takes effect September 21, 2019

  • Any person depicted in a still or video image, regardless of whether or not the original still or video image was consensually obtained, shall have a cause of action against an individual who, for the purpose of harassing, annoying or alarming such person, disseminated or published, or threatened to disseminate or publish, such still or video image, where such image:
    • was taken when such person had a reasonable expectation that the image would remain private; and
    • depicts
      • (i) an unclothed or exposed intimate part of such person; or (ii) such person engaging in sexual conduct, as defined in subdivision ten of section 130.00 of the penal law, with another person; and
    • was disseminated or published, or threatened to be disseminated or published, without the consent of such person.
  • In any action commenced pursuant to subdivision one of this section, the finder of fact, in its discretion, may award injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorney’s fees.
  • Any person depicted in a still or video image that depicts an unclothed or exposed intimate part of such person, or such person engaging in sexual conduct as defined in subdivision ten of section 130.00 of the penal law with another person, which is disseminated or published without the consent of such person and where such person had a reasonable expectation that the image would remain private, may maintain an action or special proceeding for a court order to require any website that is subject to personal jurisdiction under subdivision five of this section to permanently remove such still or video image; any such court order granted pursuant to this subdivision may direct removal only as to images that are reasonably within such website’s control.
  • Any website that hosts or transmits a still or video image, viewable in this state, taken under circumstances where the person depicted had a reasonable expectation that the image would remain private, which depicts:
    • (i) an unclothed or exposed intimate part, as defined in section 245.15 of the penal law, of a resident of this state; or
    • (ii) a resident of this state engaging in sexual conduct as defined in subdivision ten of section 130.00 of the penal law with another person; and
  • Such still or video image is hosted or transmitted without the consent of such resident of this state, shall be subject to personal jurisdiction in a civil action in this state to the maximum extent permitted under the United States constitution and federal law.

 

§ 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.