States With Revenge Porn Laws

C.A. GOLDBERG, PLLC

Civil litigators when privacy and control are in jeopardy.
  • Code of Alabama 13A-6-240: Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted
  • A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted when the depicted person has not consented to the transmission and the depicted person had a reasonable expectation of privacy against transmission of the private image.
  • A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.
  • Alaska Statutes 11.61.120: Harassment in the second degree
  • A person commits the crime of harassment in the second degree if, with intent to harass or annoy another person, that person…publishes or distributes electronic or printed photographs, pictures, or films that show the genitals, anus, or female breast of the other person or show that person engaged in a sexual act
  • Harassment in the second degree is a class B misdemeanor.

 

  • Arizona Revised Statutes 13-1425: Unlawful distribution of images depicting states of nudity or specific sexual activities.
  • It is unlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all of the following apply:
    • The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.
    • The depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person’s reasonable expectation of privacy for that image.
    • The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.
  • A violation of this section is a class 5 felony, except that a violation of this section is a:
    • Class 4 felony if the image is disclosed by electronic means.
    • Class 1 misdemeanor if a person threatens to disclose but does not disclose an image that if disclosed would be a violation of this section.

 

 

  • Arkansas Code 5-26-314: Unlawful  distribution of sexual images or recordings
  • A person commits the offense of unlawful distribution of sexual images or recordings if, being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate, threaten, or abuse another person, the actor distributes an image, picture, video, or voice or audio recording of the other person to a third person by any means if the image, picture, video, or voice or audio recording:
    • (1) Is of a sexual nature or depicts the other person in a state of nudity; and
    • (2) The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship.
  • Unlawful distribution of sexual images or recordings is a Class A misdemeanor.

 

  • California Penal Code 647(j)(4): Unlawful distribution of image
  • Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: “A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.”

CIVIL CODE – CIV

DIVISION 3. OBLIGATIONS [1427 – 3273]

  ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )

 

PART 3. OBLIGATIONS IMPOSED BY LAW [1708 – 1725]

  ( Part 3 enacted 1872. )

 

1708.85.  

(a) A private cause of action lies against a person who intentionally distributes by any means a photograph, film, videotape, recording, or any other reproduction of another, without the other’s consent, if (1) the person knew that the other person had a reasonable expectation that the material would remain private, (2) the distributed material exposes an intimate body part of the other person, or shows the other person engaging in an act of intercourse, oral copulation, sodomy, or other act of sexual penetration, and (3) the other person suffers general or special damages as described in Section 48a.

(b) As used in this section, “intimate body part” means any portion of the genitals, and, in the case of a female, also includes any portion of the breast below the top of the areola, that is uncovered or visible through less than fully opaque clothing.

(c) There shall be no liability on the part of the person distributing material under subdivision (a) under any of the following circumstances:

(1) The distributed material was created under an agreement by the person appearing in the material for its public use and distribution or otherwise intended by that person for public use and distribution.

(2) The person possessing or viewing the distributed material has permission from the person appearing in the material to publish by any means or post the material on an Internet Web site.

(3) The person appearing in the material waived any reasonable expectation of privacy in the distributed material by making it accessible to the general public.

(4) The distributed material constitutes a matter of public concern.

(5) The distributed material was photographed, filmed, videotaped, recorded, or otherwise reproduced in a public place and under circumstances in which the person depicted had no reasonable expectation of privacy.

(6) The distributed material was previously distributed by another person.

(d) In addition to any other relief available at law, the court may order equitable relief against the person violating subdivision (a), including a temporary restraining order, or a preliminary injunction or a permanent injunction ordering the defendant to cease distribution of material. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym as provided in subdivision (f).

(e) The court may also grant, after holding a properly noticed hearing, reasonable attorney’s fees and costs to the prevailing plaintiff.

(f) (1) A plaintiff in a civil proceeding pursuant to subdivision (a), may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.

(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply:

(A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.

(B) (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.

(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.

(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.

(3) The following definitions apply to this subdivision:

(A) “Identifying characteristics” means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiff’s identity can be discerned.

(B) “Online identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or Internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.

(4) The responsibility for excluding or redacting the name or identifying characteristics of the plaintiff from all documents filed with the court rests solely with the parties and their attorneys. Nothing in this section requires the court to review pleadings or other papers for compliance with this provision.

(5) Upon request of the plaintiff, the clerk shall allow access to the court file in an action filed under this section only as follows:

(A) To a party to the action, including a party’s attorney.

(B) To a person by order of the court on a showing of good cause for access.

(C) To any person 60 days after judgment is entered unless the court grants a plaintiff’s motion to seal records pursuant to Chapter 3 of Division 4 of Title 2 of the California Rules of Court.

(g) In an action pursuant to this section, the plaintiff shall state in the caption of the complaint “ACTION BASED ON CIVIL CODE SECTION 1708.85.”

(h) Nothing in this section shall be construed to alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code. Nothing in this section shall be construed to limit or preclude a plaintiff from securing or recovering any other available remedy.

(i) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(j) The Judicial Council shall, on or before January 1, 2019, adopt or revise as appropriate rules and forms in order to implement subdivision (f).

(Amended by Stats. 2017, Ch. 233, Sec. 1. (SB 157) Effective January 1, 2018.)

 Criminal

  • Colorado Revised Statutes 18-7-107: Posting a private image for harassment
    • An actor who is eighteen years of age or older commits the offense of posting a private image for harassment if he or she posts or distributes through the use of social media or any website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older:
      • (I) with the intent to harass the depicted person and inflict serious emotional distress upon the depicted person;
      • (II) (a) without the depicted person’s consent; or (b) when the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private; and
      • (III) The conduct results in serious emotional distress of the depicted person
    • Posting a private image for harassment is a class 1 misdemeanor
  • Colorado Revised Statutes 18-7-108: Posting a private image for pecuniary gain
    • An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if he or she posts or distributes through the use of social media or any website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older:
      • (I) With the intent to obtain a pecuniary benefit from any person as a result of the posting ,viewing, or removal of the private image; and
      • (II) (a) when the actor has not obtained the depicted person’s consent; or (b) when the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private
    • Posting a private image for pecuniary gain is a class 1 misdemeanor

Civil

Colorado Revised Statutes 18-7-107

  • (4) (a) AN INDIVIDUAL WHOSE PRIVATE INTIMATE PARTS HAVE BEEN POSTED IN ACCORDANCE WITH THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE PERSON WHO CAUSED THE POSTING OF THE PRIVATE IMAGES AND IS ENTITLED TO INJUNCTIVE RELIEF, THE GREATER OF TEN THOUSAND DOLLARS OR ACTUAL DAMAGES INCURRED AS A RESULT OF THE POSTING OF THE PRIVATE IMAGES, EXEMPLARY DAMAGES, AND REASONABLE ATTORNEY’S FEES AND COSTS.

 

  • Connecticut General Statutes 53a-189c: Unlawful dissemination of an intimate image
  • A person is guilty of unlawful dissemination of an intimate image when
    • (1) such person intentionally disseminates by electronic or other means a photograph, film, videotape or other recorded image of
      • (A) the genitals, pubic area or buttocks of another person with less than a fully opaque covering of such body part, or the breast of such other person who is female with less than a fully opaque covering of any portion of such breast below the top of the nipple, or
      • (B) another person engaged in sexual intercourse, as defined in section 53a-193,
    • (2) such person disseminates such image without the consent of such other person, knowing that such other person understood that the image would not be so disseminated, and
    • (3) such other person suffers harm as a result of such dissemination.
  • Unlawful dissemination of an intimate image is a class A misdemeanor.

 

  •  Delaware Code Title 11, 1335: Violation of privacyA person is guilty of violation of privacy when, except as authorized by law, the person: “Knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a visual depiction of a person who is nude, or who is engaging in sexual conduct, when the person knows or should have known that the reproduction, distribution, exhibition, publication, transmission, or other dissemination was without the consent of the person depicted and that the visual depiction was created or provided to the person under circumstances in which the person depicted has a reasonable expectation of privacy.”
  • Class A misdemeanor, upgraded to Class G felony if aggravating factors are present.

 

  • District of Columbia Code 20-275: Unauthorized disclosure of a sexual image of another person
    • It shall be unlawful in the District of Columbia for a person to knowingly disclose one or more sexual images of another identified or identifiable person when:
      • (1) The person depicted did not consent to the disclosure of the sexual image;
      • (2) There was an agreement or understanding between the person depicted and the person disclosing that the sexual image would not be disclosed; and
      • (3) The person disclosed the sexual image with the intent to harm the person depictedor to receive financial gain.
    • A person who violates this subsection shall be guilty of a misdemeanor.
  • District of Columbia Code 20-275: First-degree unlawful publication
    • It shall be unlawful in the District of Columbia for a person to knowingly publish one or more sexual images of another identified or identifiable person when:
      • (1) The person depicted did not consent to the disclosure or publication of the sexual image;
      • (2) There was an agreement or understanding between the person depicted and the person publishing that that the sexual image would not be disclosed or published; and
      • (3) The person published the sexual image with the intent to harm the person depicted or to receive financial gain.
    • A person who violates this subsection shall be guilty of a felony.

 

  • Florida Statutes 784.049: Sexual cyberharassment.
  • “Sexually cyberharass” means to publish to an Internet website or disseminate through electronic means to another person a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person without the depicted person’s consent, contrary to the depicted person’s reasonable expectation that the image would remain private, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. Evidence that the depicted person sent a sexually explicit image to another person does not, on its own, remove his or her reasonable expectation of privacy for that image.
  • A person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree
  • A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree
  • An aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation of this section, including the following:
    • (a) Injunctive relief.
    • (b) Monetary damages to include $5,000 or actual damages incurred as a result of a violation of this section, whichever is greater.
    • (c) Reasonable attorney fees and costs.

 

  • Georgia Code 16-11-90: Prohibition on nude or sexually explicit electronic transmissions
  • A person violates this Code section if he or she, knowing the content of a transmission or post, knowingly and without the consent of the depicted person:
    • (1) Electronically transmits or posts, in one or more transmissions or posts, a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person; or
    • (2) Causes the electronic transmission or posting, in one or more transmissions or posts, of a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person.
  • Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both.

 

  • Hawaii Revised Statutes 711-1110.9: Violation of privacy in the first degree
  • A person commits the offense of violation of privacy in the first degree if, except in the execution of a public duty or as authorized by law… The person knowingly discloses an image or video of another identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships
  • Violation of privacy in the first degree is a class C felony.

 

  • Idaho Code 18-6609(2)(b): Video Voyeurism
  • A person is guilty of video voyeurism when:
    • (a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells or conspires to disseminate, publish or sell any image of another person who is identifiable from the image itself or information displayed in connection with the image and whose intimate areas are exposed, in whole or in part, or who is engaged in a sexual act;
    • (b) He knew or reasonably should have known that the person depicted in the image understood that the image should remain private; and
    • (c) He knew or reasonably should have known that the person depicted in the image did not consent to the dissemination, publication or sale of the image.
  • A violation of this section is a felony.
  • Illinois Criminal Code 11-23.5: Non-consensual dissemination of private sexual images.
  • A person commits non-consensual dissemination of private sexual images when he or she:
    • (1) intentionally disseminates an image of another person:
      • (A) who is at least 18 years of age; and
      • (B) who is identifiable from the image itself or information displayed in connection with the image; and
      • (C) who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and
    • (2) obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
    • (3) knows or should have known that the person in the image has not consented to the dissemination.
  • Non-consensual dissemination of private sexual images is a 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.

 

 

  • Iowa Code 708.7: Harassment in the first degree
  • A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person… disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting
  • Harassment in the first degree is an aggravated misdemeanor

 

  • Kansas Statutes Annotated 21-6101(8): Breach of privacy
  • Breach of privacy is knowingly and without lawful authority… 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 and under circumstances in which such identifiable person had a reasonable expectation of privacy, with the intent to harass, threaten or intimidate such identifiable person, and such identifiable person did not consent to such dissemination.
  • Severity level 8, person felony.

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.
  • Louisiana R.S. 14:283.2: disclosure of a private image.
  • A. A person commits the offense of nonconsensual disclosure of a private image when all of the following occur:
    • (1) The person intentionally discloses an image of another person who is seventeen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part.
    • (2) The person who discloses the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private.
    • (3) The person who discloses the image knew or should have known that the person in the image did not consent to the disclosure of the image.
    • (4) The person who discloses the image has the intent to harass or cause emotional distress to the person in the image, and the person who commits the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image.
  • Whoever commits the offense of nonconsensual disclosure of a private image shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than two years, or both.
  • Maine Crim. Code 17-A, section 511-A: Unauthorized dissemination of certain private images
  • A person is guilty of unauthorized dissemination of certain private images if the person, with the intent to harass, torment or threaten the depicted person or another person, knowingly disseminates, displays or publishes a photograph, videotape, film or digital recording of another person in a state of nudity or engaged in a sexual act or engaged in sexual contact in a manner in which there is no public or newsworthy purpose when the person knows or should have known that the depicted person:
    • (A) Is identifiable from the image itself or information displayed in connection with the image; and
    • (B) Has not consented to the dissemination, display or publication of the private image

Unauthorized dissemination of certain private images is a Class D crime.

 

  • Maryland Criminal Code section 3-809
  • A person may not knowingly distribute a visual representation of another identifiable person that displays the other person with his or her intimate parts exposed or while engaged in an act of sexual activity:
    • (1) with the intent to harm, harass, intimidate, threaten, or coerce the other person;
    • (2) (i) under circumstances in which the person knew that the other person did not consent to the distribution; or (ii) with reckless disregard as to whether the person consented to the distribution; and
    • (3) under circumstances in which the other person had a reasonable expectation that the image would remain private.
  • A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.

 

  • Michigan Criminal Law 750.145e: Dissemination of sexually explicit visual material of another person
  • A person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any sexually explicit visual material of another person if all of the following conditions apply:
    • (a) The other person is not less than 18 years of age.
    • (b) The other person is identifiable from the sexually explicit visual material itself or information displayed in connection with the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator.
    • (c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private.
    • (d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material
  • Michigan Criminal Law 750.145f: Violation of MCL 750.145e; penalty.
    • A person who violates section 145e is guilty of a crime punishable as follows:
      • (a) Except as provided in subdivision (b), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
      • (b) For a second or subsequent violation of section 145e, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

 

  • Minnesota Criminal Statues 617.261: Nonconsensual dissemination of private sexual images.
  • It is a crime to intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed, in whole or in part, when:
    • (1) the person is identifiable:
      • (i) from the image itself, by the person depicted in the image or by another person; or
      • (ii) from personal information displayed in connection with the image;
    • (2) the actor knows or reasonably should know that the person depicted in the image does not consent to the dissemination; and
    • (3) the image was obtained or created under circumstances in which the actor knew or reasonably should have known the person depicted had a reasonable expectation of privacy.
  • Whoever violates subdivision 1 is guilty of a gross misdemeanor.
  • Whoever violates subdivision 1 may be sentenced to imprisonment for not more than three years or to payment of a fine of $5,000, or both, if one of the following factors is present:
    • (1) the person depicted in the image suffers financial loss due to the dissemination of the image;
    • (2) the actor disseminates the image with intent to profit from the dissemination;
    • (3) the actor maintains an Internet website, online service, online application, or mobile application for the purpose of disseminating the image;
    • (4) the actor posts the image on a website;
    • (5) the actor disseminates the image with intent to harass the person depicted in the image;
    • (6) the actor obtained the image by committing a violation of section 609.52, 609.746, 609.89, or 609.891; or
    • (7) the actor has previously been convicted under this chapter.

Civil

  • 2019 Minnesota Statutes 604.31 CAUSE OF ACTION FOR NONCONSENSUAL DISSEMINATION OF PRIVATE SEXUAL IMAGES; SEXUAL SOLICITATION
  • https://www.revisor.mn.gov/statutes/cite/604.31
  • Nonconsensual dissemination of private sexual images.
    • (a) A cause of action against a person for the nonconsensual dissemination of private sexual images exists when:
      • (1) a person disseminated an image without the consent of the person depicted in the image;
      • (2) the image is of an individual depicted in a sexual act or whose intimate parts are exposed in whole or in part;
      • (3) the person is identifiable:
        • (i) from the image itself, by the person depicted in the image or by another person; or
        • (ii) from the personal information displayed in connection with the image; and
      • (4) the image was obtained or created under circumstances in which the person depicted had a reasonable expectation of privacy.
    • (b) The fact that the individual depicted in the image consented to the creation of the image or to the voluntary private transmission of the image is not a defense to liability for a person who has disseminated the image without consent.
  • The court may award the following damages to a prevailing plaintiff from a person found liable under subdivision 1 or 2:
    • (1) general and special damages, including all finance losses due to the dissemination of the image and damages for mental anguish;
    • (2) an amount equal to any profit made from the dissemination of the image by the person who intentionally disclosed the image;
    • (3) a civil penalty awarded to the plaintiff of an amount up to $10,000; and
    • (4) court costs, fees, and reasonable attorney fees.
  • Injunction; temporary relief.
    • (a) A court may issue a temporary or permanent injunction or restraining order to prevent further harm to the plaintiff.
    • (b) The court may issue a civil fine for the violation of a court order in an amount up to $1,000 per day for failure to comply with an order granted under this section.
  • The court shall allow confidential filings to protect the privacy of the plaintiff in cases filed under this section.
  • Discovery of dissemination. In a civil action brought under subdivision 1, the statute of limitations is tolled until the plaintiff discovers the image has been disseminated.

 

  • Revised Statutes of Missouri 573.110: Nonconsensual dissemination of private sexual images
    • A person commits the offense of nonconsensual dissemination of private sexual images if he or she:
      • (1) Intentionally disseminates with the intent to harass, threaten, or coerce an image of another person:
        • (a) Who is at least eighteen years of age;
        • (b) Who is identifiable from the image itself or information displayed in connection with the image; and
        • (c) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;
      • (2) Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
      • (3) Knows or should have known that the person in the image did not consent to the dissemination.
    • The offense of nonconsensual dissemination of private sexual images is a class D felony.
  • Revised Statutes of Missouri 573.112: Threatening the nonconsensual dissemination of private sexual images.
    • A person commits the offense of threatening the nonconsensual dissemination of private sexual images if he or she gains or attempts to gain anything of value, or coerces or attempts to coerce another person to act or refrain from acting, by threatening to disseminate an image of another person, which was obtained under circumstances in which a reasonable person would know or understand that the image was to remain private, against the will of such person:
      • (1) Who is at least eighteen years of age;
      • (2) Who is identifiable from the image itself or information displayed in connection with the image; and
      • (3) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part.

The offense of threatening the nonconsensual dissemination of private sexual images is a class E felony.

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.

 

  • Nevada Revised Statutes 200.780: Unlawful dissemination of intimate image
  • Except as otherwise provided in subsection 3, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person:
    • (a) Did not give prior consent to the electronic dissemination or the sale of the intimate image;
    • (b) Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and
    • (c) Was at least 18 years of age when the intimate image was created.
  • A person who commits the crime of unlawful dissemination of an intimate image is guilty of a category D felony.
  • New Hampshire Revised Statutes Section 644:9-a: Violation of privacy
  • A person is guilty of a class A misdemeanor if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape.
  • New Jersey Revised Statues 2C:14-9: Invasion of privacy
  • An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure. For purposes of this subsection, “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.
Section 2A:58D-1 – Invasion of privacy with photographs, films, videotapes, liability, civil action; damages, costs

2A:58D-1. Invasion of privacy with photographs, films, videotapes, liability, civil action; damages, costs
2. a. An actor who, without license or privilege to do so, photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person’s consent and under circumstances in which a reasonable person would not expect to be observed, shall be liable to that person, who may bring a civil action in the Superior Court.

b.An actor who, without license or privilege to do so, discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person’s consent and under circumstances in which a reasonable person would not expect to be observed, shall be liable to that person, who may bring a civil action in the Superior Court. For purposes of this section, “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.

c.The court may award:

(1)actual damages, but not less than liquidated damages computed at the rate of $1,000.00 for each violation of this act;

(2)punitive damages upon proof of willful or reckless disregard of the law;

(3)reasonable attorney’s fees and other litigation costs reasonably incurred; and

(4)such other preliminary and equitable relief as the court determines to be appropriate.

L.2003,c.206,s.2.

 

  • New Mexico Criminal Code 30-37A-1: Unauthorized distribution of sensitive images
  • Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person’s consent:
    • (1) with the intent to:
      • (a) harass, humiliate or intimidate that person;
      • (b) incite another to harass, humiliate or intimidate that person;
      • (c) cause that person to reasonably fear for that person’s own or family members’ safety;
      • (d) cause that person to suffer unwanted physical contact or injury; or
      • (e) cause that person to suffer substantial emotional distress; and
    • (2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress
  • Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a 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.

 

 

  • North Carolina General Statutes 14-190.5A: Disclosure of private images
  • A person is guilty of disclosure of private images if all of the following
  • apply:
    • (1) The person knowingly discloses an image of another person with the intent to do either of the following:
      • Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
      • Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.
    • (2) The depicted person is identifiable from the disclosed image itself or information offered in connection with the image.
    • (3) The depicted person’s intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed image.
    • (4) The person discloses the image without the affirmative consent of the depicted person.
    • (5) The person discloses the image under circumstances such that the person knew or should have known that the depicted person had a reasonable expectation of privacy.
  • A violation of this section shall be punishable as follows:
    • (1) For an offense by a person who is 18 years of age or older at the time of the offense, the violation is a Class H felony.
    • (2) For a first offense by a person who is under 18 years of age at the time of the offense, the violation is a Class 1 misdemeanor.
    • (3) For a second or subsequent offense by a person who is under the age of 18 at the time of the offense, the violation is a Class H felony.
  • In addition to any penalty or other damages, the court may award the destruction of any image made in violation of this section
  • In addition to any other remedies at law or in equity, including an order by the court to destroy any image disclosed in violation of this section, any person whose image is disclosed, or used, as described in subsection (b) of this section, has a civil cause of action against any person who discloses or uses the image and is entitled to recover from the other person any of the following:
    • (1) Actual damages, but not less than liquidated damages, to be computed at the rate of one thousand dollars ($1,000) per day for each day of the violation or in the amount of ten thousand dollars ($10,000), whichever is higher.
    • (2) Punitive damages.
    • (3) A reasonable attorneys’ fee and other litigation costs reasonably incurred.
  • The civil cause of action may be brought no more than one year after the initial discovery of the disclosure, but in no event may the action be commenced more than seven years from the most recent disclosure of the private image.

 

  • North Dakota Century Code 12.1-17-07.2: Distribution of intimate images without or against consent
  • A person commits the offense of distribution of intimate images if the person knowingly or intentionally distributes to any third party any intimate image of an individual eighteen years of age or older, if:
    • The person knows that the depicted individual has not given consent to the person to distribute the intimate image;
    • The intimate image was created by or provided to the person under circumstances in which the individual has a reasonable expectation of privacy; and
    • Actual emotional distress or harm is caused to the individual as a result of the distribution under this section
  • Distribution of an intimate image is a class A misdemeanor

 

  • Ohio Revised Code 2917.211: Dissemination of image of another person
    • No person shall knowingly disseminate an image of another person if all of the following apply:
      • (1) The person in the image is eighteen years of age or older.
      • (2) The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.
      • (3) The person in the image is in a state of nudity or is engaged in a sexual act.
      • (4) The image is disseminated without consent from the person in the image.
      • (5) The image is disseminated with intent to harm the person in the image.
    • Whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.
    • If the offender previously has been convicted of or pleaded guilty to a violation of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.
    • If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.
  • Ohio Revised Code 2307.66: Civil action for dissemination of images
    • A victim of a violation of section 2917.211 of the Revised Code has and may commence a civil cause of action against the offender for any of the following, in addition to reasonable attorney’s fees and the costs of bringing the action:
      • (1) An injunction or a temporary restraining order prohibiting further dissemination of the image that is the subject of the violation;
      • (2) Compensatory and punitive damages for harm resulting from the violation.
    • The victim shall be presumed to have suffered harm as a result of the nonconsensual dissemination of private sexual images.

 

  • Oklahoma Statutes 1040.13b: Nonconsensual dissemination of sexual images
  • A person commits nonconsensual dissemination of private sexual images when he or she:
    • Intentionally disseminates an image of another person:
      • who is at least eighteen (18) years of age,
      • who is identifiable from the image itself or information displayed in connection with the image, and
      • who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;
    • Disseminates the image with the intent to harass, intimidate or coerce the person, or under circumstances in which a reasonable person would know or understand that dissemination of the image would harass, intimidate or coerce the person;
    • Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
    • Knows or a reasonable person should have known that the person in the image has not consented to the dissemination.
  • Any person who violates the provisions of this section shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment
  • The court shall have the authority to order the defendant to remove the disseminated image should the court find it is in the power of the defendant to do so.

 

  • Oregon Revised Statutes 161.005: Unlawful dissemination of an intimate image
  • A person commits the crime of unlawful dissemination of an intimate image if:
    • (a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed through an Internet website an identifiable image of the other person whose intimate parts are visible or who is engaged in sexual conduct;
    • (b) The person knows or reasonably should have known that the other person does not consent to the disclosure;
    • (c) The other person is harassed, humiliated or injured by the disclosure; and
    • (d) A reasonable person would be harassed, humiliated or injured by the disclosure
  • Unlawful dissemination of an intimate image is a Class A misdemeanor.
  • 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.
  • Pennsylvania Consolidated Statutes Title 18 Section 3131: Unlawful dissemination of intimate image
    • A person commits the offense of unlawful dissemination of intimate image if, with intent to harass, annoy or alarm a current or former sexual or intimate partner, the person disseminates a visual depiction of the current or former sexual or intimate partner in a state of nudity or engaged in sexual conduct
    • An offense under subsection (a) shall be:
      • (1) A misdemeanor of the first degree, when the person depicted is a minor.
      • (2) A misdemeanor of the second degree, when the person depicted is not a minor.
    • Pennsylvania Consolidated Statutes Title 42 Section 8316.1: Damages in actions for unlawful dissemination of intimate image
      • A person may bring a civil cause of action based upon unlawful dissemination of intimate image, as defined in 18 Pa.C.S. § 3131 (relating to unlawful dissemination of intimate image), in order to recover damages for any loss or injury sustained as a result of the violation.
      • A court of competent jurisdiction may award damages as set forth in this subsection. In determining the extent of injury, the court shall consider that dissemination of an intimate image may cause long-term or permanent injury. The court may award:
        • (1) Actual damages arising from the incident or $500, whichever is greater. Damages include loss of money, reputation or property, whether real or personal. The court may, in its discretion, award up to three times the actual damages sustained, but not less than $500.
        • (2) Reasonable attorney fees and court costs.
        • (3) Additional relief the court deems necessary and proper

 

  • Rhode Island General Laws Chapter 11-64: Unauthorized dissemination of indecent material
  • A person is guilty of unauthorized dissemination of a sexually explicit visual image of another person when the person intentionally, by any means, disseminates, publishes, or sells:
    • (1) A visual image that depicts another identifiable person eighteen (18) years or older engaged in sexually explicit conduct or of the intimate areas of that person;
    • (2) The visual image was made, captured, recorded, or obtained under circumstances in which a reasonable person would know or understand that the image was to remain private;
    • (3) The visual image was disseminated, published, or sold without the consent of the depicted person; and
    • (4) With knowledge or with reckless disregard for the likelihood that the depicted person will suffer harm, or with the intent to harass, intimidate, threaten, or coerce the depicted person.
  • A first violation of this section shall be a misdemeanor and, upon conviction, subject to imprisonment of not more than one year, a fine of not more than one thousand dollars ($1,000), or both. A second or subsequent violation of this section shall be a felony and, upon conviction, subject to imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($3,000), or both.
  • A first violation of this section shall be a misdemeanor and, upon conviction, subject to imprisonment of not more than one year, a fine of not more than one thousand dollars ($1,000), or both. A second or subsequent violation of this section shall be a felony and, upon conviction, subject to imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($3,000), or both.

Any person who demands payment of money, property, services, or anything else of value from a person in exchange for removing any visual image described in subsection (a) from public view shall be guilty of a felony and, upon conviction, be subject to imprisonment for up to five (5) years, a fine of up to five thousand dollars ($5,000), or both.

 

  • South Dakota Codified Laws 22-21-4: Use or dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass
  • No person may use or disseminate in any form any visual recording or photographic device to photograph or visually record any other person without clothing or under or through the clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.
  • A violation of this section is a Class 1 misdemeanor.
  • However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years old.

 

  • Tennessee Code §39-17-318: Unlawful exposure
  • A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person if:
    • (1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and
    • (2) The person depicted in the image suffers emotional distress.
  • A violation of subsection (a) is a Class A misdemeanor.
  • Texas Penal Code 21.16: Unlawful disclosure or promotion of intimate visual material
    • A person commits an offense if:
      • (1) without the effective consent of the depicted person, the person intentionally discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct;
      • (2) the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;
      • (3) the disclosure of the visual material causes harm to the depicted person; and
      • (4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
        • (a) any accompanying or subsequent information or material related to the visual material; or
        • (b) information or material provided by a third party in response to the disclosure of the visual material.
        • (c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:
          • (1) in return for not making the disclosure; or
          • (2) in connection with the threatened disclosure.
        • (d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.
      • An offense under this section is a state jail felony.

 

    • Texas Civil Practice and Remedies Code 98B.002: Unlawful disclosure or promotion of intimate visual material
      • A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if:
        • (1) the defendant discloses the intimate visual material without the effective consent of the depicted person;
        • (2) the intimate visual material was obtained by the defendant or created under circumstances in which the depicted person had a reasonable expectation that the material would remain private;
        • (3) the disclosure of the intimate visual material causes harm to the depicted person; and
        • (4) the disclosure of the intimate visual material reveals the identity of the depicted person in any manner, including through:
          • (A) any accompanying or subsequent information or material related to the intimate visual material; or
          • (B) information or material provided by a third party in response to the disclosure of the intimate visual material.
        • A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the promotion of the material if, knowing the character and content of the material, the defendant promotes intimate visual material described by Subsection (a) on an Internet website or other forum for publication that is owned or operated by the defendant.
        • A claimant who prevails in a suit under this chapter shall be awarded:
          • (1) actual damages, including damages for mental anguish;
          • (2) court costs; and
          • (3) reasonable attorney’s fees.
        • A court in which a suit is brought under this chapter, on the motion of a party, may issue a temporary restraining order or a temporary or permanent injunction to restrain and prevent the disclosure or promotion of intimate visual material with respect to the person depicted in the material.
        • A court that issues a temporary restraining order or a temporary or permanent injunction under Subsection (a) may award to the party who brought the motion damages in the amount of:
          • (1) $1,000 for each violation of the court’s order or injunction, if the disclosure or promotion of intimate visual material is wilful or intentional; or
          • (2) $500 for each violation of the court’s order or injunction, if the disclosure or promotion of intimate visual material is not wilful or intentional.
  • Utah Code 76-5b-203: Distribution of an intimate image
  • An actor commits the offense of distribution of intimate images if the actor, with the intent to cause emotional distress or harm, knowingly or intentionally distributes to any third party any intimate image of an individual who is 18 years of age or older, if:
    • (a) the actor knows that the depicted individual has not given consent to the actor to distribute the intimate image;
    • (b) the intimate image was created by or provided to the actor under circumstances in which the individual has a reasonable expectation of privacy; and (c) actual emotional distress or harm is caused to the person as a result of the distribution under this section.
  • Distribution of an intimate image is a class A misdemeanor

Distribution of an intimate image is a third degree felony on a second or subsequent conviction for an offense under this section that arises from a separate criminal episode as defined in Utah Code Section 76-1-401.

 

  • 13 V.S.A. § 2606: Disclosure of sexually explicit images without consent.
  • A person violates this section if he or she knowingly discloses a visual image of an identifiable person who is nude or who is engaged in sexual conduct, without his or her consent, with the intent to harm, harass, intimidate, threaten, or coerce the person depicted, and the disclosure would cause a reasonable person to suffer harm. A person may be identifiable from the image itself or information offered in connection with the image. Consent to recording of the visual image does not, by itself, constitute consent for disclosure of the image.
    • (1) A person who violates this subdivision (1) shall be imprisoned not more than two years or fined not more than $2,000.00, or both.
    • (2) A person who violates subdivision (1) of this subsection with the intent of disclosing the image for financial profit shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
  • A person who maintains an Internet website, online service, online application, or mobile application that contains a visual image of an identifiable person who is nude or who is engaged in sexual conduct shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disclosing the visual image if requested by the depicted person.
  • A plaintiff shall have a private cause of action against a defendant who knowingly discloses, without the plaintiff’s consent, an identifiable visual image of the plaintiff while he or she is nude or engaged in sexual conduct and the disclosure causes the plaintiff harm.
  • In addition to any other relief available at law, the court may order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the image. The court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
  •  Code of Virginia 18.2-386.2: Unlawful dissemination or sale of images of another
  • Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image is guilty of a Class 1 misdemeanor.
  • Washington Revised Code 9A.86.010: Disclosing Intimate Images
  • A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image:
    • (a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;
    • (b) Knows or should have known that the depicted person has not consented to the disclosure; and
    • (c) Knows or reasonably should know that disclosure would cause harm to the depicted person.
  • The crime of disclosing intimate images:
    • (a) Is a gross misdemeanor on the first offense; or
    • (b) Is a class C felony if the defendant has one or more prior convictions for disclosing intimate images.

 

  • Code of West Virginia 61-8-28a: Nonconsensual disclosure of private intimate images
  • No person may knowingly and intentionally disclose, cause to be disclosed or threaten to disclose, with the intent to harass, intimidate, threaten, humiliate, embarrass, or coerce, an image of another which shows the intimate parts of the depicted person or shows the depicted person engaged in sexually explicit conduct which was captured under circumstances where the person depicted had a reasonable expectation that the image would not be publicly disclosed.
  • A person convicted of a violation of subsection (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, fined not less than $1,000 nor more than $5,000, or both confined and fined.

Notwithstanding the provisions of subdivision (1) of this subsection, a person convicted of a second or subsequent violation of subsection (b) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned 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.

 

  • Code of Wisconsin 942.09: Representation depicting a nude or partially nude person or depicting a person engaging in sexually explicit conduct
  • Whoever does any of the following is guilty of a Class I felony:
    • Captures an intimate representation without the consent of the person depicted under circumstances in which he or she has a reasonable expectation of privacy, if the person knows or has reason to know that the person who is depicted does not consent to the capture of the intimate representation.
    • Makes a reproduction of an intimate representation that the person knows or has reason to know was captured in violation of subd. 1. and that depicts an intimate representation captured in violation of subd. 1., if the person depicted in the reproduction did not consent to the making of the reproduction.
    • Possesses, distributes, or exhibits an intimate representation that was captured in violation of subd. 1. or a reproduction made in violation of subd. 2., if the person knows or has reason to know that the intimate representation was captured in violation of subd. 1. or the reproduction was made in violation of subd. 2., and if the person who is depicted in the intimate representation or reproduction did not consent to the possession, distribution, or exhibition.
  • Whoever does any of the following is guilty of a Class A misdemeanor:
    • Posts, publishes, or causes to be posted or published, a private representation if the actor knows that the person depicted does not consent to the posting or publication of the private representation.
    • Posts, publishes, or causes to be posted or published, a depiction of a person that he or she knows is a private representation, without the consent of the person depicted.
    • A person who commits a violation specified under par. (a) is guilty of a Class I felony if the person depicted or represented in the violation of par. (a) had not, at the time of the violation, attained the age of 18 years.
We are not your attorney. Nothing on our website, blog, or social media should be interpreted as legal advice or the creation of an attorney-client relationship. You should not act or rely on the basis of information on this site without seeking the advice of an attorney. Prior results do not guarantee a similar outcome. Please keep in mind that the success of any legal matter depends on the unique circumstances of each case: we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.