“Revenge Porn” State by State

 

The following are laws from 34 states that cite “Revenge Porn” as a misdemeanor or a felony. This  dissemination of  pornography or images, which is used by another person of another’s private parts, with the intent to harass, humiliate, or intimidate that individual, who did not give permission for the distribution of such images (videos, etc.).  Each law provides some exceptions.  For example, if the alleged victim gave consent or earned money for the dissemination of such photos – then the reasons for privacy may not be met.  In addition, if the images were distributed by law enforcement officials for official reasons, then that as well will not meet the requirements to prosecute for a felony or misdemeanor.  

Alaska

Harassment in the Second DegreeAlaska Stat. § 11.61.120.

Harassment in the second degree applies to the following:

  • A person who commits the crime with intent to harass or annoy another person.  
  • This includes insults, taunts or challenges to another person, in a manner to provoke a violent response.  This can apply to telephone calls, if the perpetrator calls with an intent to impair the other’s ability to hang up.  

Arizona

  • Unlawful distribution of images depicting states of nudity or specific sexual activities.
  • If disclosed by electronic means; Class 4 Felony.
  • If threatens to disclose, but does not disclose; Class 1 Misdemeanor.

Unlawful distribution of images depicting states of nudity or specific sexual activities; classification; definitions:

  • The person in the image is nude or is engaged in specific sexual activities.
  • The depicted person has a reasonable expectation of privacy, if a person has sent an image to another person using an electronic device, yet does not, on one’s own, remove the victim’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.

Arkansas

Unlawful distribution of sexual images or recordings, Class A, Misdemeanor, Arkansas Code 5-26-314 [Effective July 22, 2015].

For the act to be entitled: An act to criminalize the distribution of an image, picture, video, or voice /audio recording of a sexual nature to harass, frighten, intimidate, threaten, or abuse a family / household member or a person in a current /former dating relationship and other purposes.

California

September, 2014 amended version for Disorderly Conduct, Misdemeanor.

People who commit any of the following acts are guilty of disorderly conduct, a misdemeanor:

  • Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public and/or exposed to public view.
  • Who solicits or who agrees to engage in or who engages in any act of prostitution.
  • Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.
  • Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.
  • Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
  • Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene.

In addition:

  • Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, 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.

 

  • Any 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 and the person intentionally distributes an image.

Colorado

Posting a Private Image for Harassment (18-7-107) and Posting a Private Image for Pecuniary Gain (18-7-108). Class 1 Misdemeanor. Colorado Revised Statutes 18-7-107 and 18-7-108.

An actor, 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 web site, any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older: r 13` results in serious emotional distress of the depicted person.

The court shall fine the defendant up to ten thousand dollars. Fines collected pursuant to this paragraph.

    • 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.
    • An individual whose private intimate parts have been posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image.
    • 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.

 

  • An individual whose private intimate parts have been posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image.

 

Connecticut

An Act Concerning Invasions of Privacy: Unlawful Dissemination of an Intimate Image. Class A Misdemeanor. Conn. Gen. Stat. § 53a-189c.

An act concerning invasions of privacy. (Effective October 1, 2015):

A person is guilty of voyeurism when the following takes place:

  • Such person knowingly (with malice) photographs, films, videotapes or otherwise records the image of another person

…without the knowledge and consent of such other person,

…while such other person is not in plain view, and

…under circumstances where such other person has a reasonable expectation of privacy,

with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person without the knowledge and consent of such other person, while such other person is not in plain view, and under circumstances where such other person has a reasonable expectation of privacy.

…with the intent to arouse or satisfy the sexual desire of such person, commits simple trespass, as provided in section 53a-110a, and observes, in other than a casual or cursory manner another person.

             …without the knowledge or consent of other person.

Delaware

Violation of Privacy. Class B Misdemeanor, Class G Felony if Aggravating Factors Are Present. § 1335, Title 11, Delaware Code.

“Revenge Porn” typically refers to the situation where visual depictions are consensually given to an intimate partner who, after the end of the relationship, later disseminates them without the consent of the person depicted.  As a result, the person depicted unwillingly becomes sexual entertainment for strangers resulting in that person’s career and standing within the community becoming negatively impacted. 

 A person is guilty of violation of privacy when that person:

  • Knowingly installs an electronic or mechanical location tracking device in or on a motor vehicle without the consent of the registered owner, lessor or lessee of said vehicle.
  • Without the consent of the person depicted, knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a visual depiction of a person who is nude or a visual depiction of a person who is engaging in sexual contact or sexual intercourse, or both. 
  • The actor knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates such visual depictions for profit.
  • The actor knowingly maintains an internet website, online service, online application, or mobile application for the purpose of reproducing, distributing, exhibiting, publishing, transmitting, or otherwise disseminating such visual depictions.
  • The actor knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates such visual depictions with the intent to harass, annoy, or alarm the person depicted and such conduct would cause a reasonable person to suffer significant mental anguish or distress.

District of Columbia

 Criminalization of Non-Consensual Pornography Act of 2014, felony, D.C. Law 20-275.

A person who violates this subsection shall be guilty of a misdemeanor and upon conviction, shall be fined and/or imprisoned for not more than 180 days.

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:

    • The person depicted did not consent to the disclosure or publication of the engrossed original sexual image.

 

  • 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 the person published the sexual image with the intent to harm the depicted person and/or to receive financial gain.

 

A person who violates this subsection shall be guilty of a felony and imprisoned for not more than 3 years, or both.

 

Second 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 obtained from a third party when the person depicted did not consent to the disclosure of publication of the sexual image, or the person who being consciously aware had published the sexual image which was obtained as a result of a previous disclosure or publication of the sexual image made with an intent to harm the depicted person.

 

Florida

Sexual Cyber-harassment. Misdemeanor of First Degree, Felony of Third Degree for Second or Subsequent violations. Florida Statute 784.049. [Effective October 1, 2015]

 

This law offers definitions of sexual cyber-harassment prohibiting a person from willfully and maliciously sexually cyber-harassing another person; providing penalties; authorizing a law enforcement officer to arrest, without a warrant, any person that he/she has probable cause to believe has committed sexual cyber-harassment; authorizing a law enforcement officer to arrest, without a warrant, any person that he/she has probable cause to believe has committed sexual cyber-harassment.

 

The Legislature finds that:

  • It is becoming a common practice for individuals to publish a sexually explicit image of another to Internet websites without the depicted person’s consent, with the intent of causing substantial emotional distress to the depicted person.
  • When such images are published on Internet websites, they are able to be viewed indefinitely by persons worldwide and are able to be easily reproduced and shared. The publication of such images on Internet websites creates a permanent record of the depicted person’s private nude images or private sexually explicit conduct. (Michelle, there was a number 41 in this sentence…I don’t know what it meant?)

 

  • The existence of such images on Internet websites causes those depicted significant psychological harm.

 

 

  • Florida State believes in safeguarding the psychological well-being of persons depicted in such images is compelling.

 

 

Georgia

Invasion of Privacy. Misdemeanor. Georgia Code Title 16 Chapter 11 Article 3 Part 1 16-11-90.

 

According to the state of George:  ‘Harassment’ means engaging in conduct directed at a depicted person that is intended to cause substantial emotional harm to the depicted person.

  • ‘Nudity’ means the showing of the human male or female genitals, pubic area, or buttocks without any covering or with less than a full opaque covering; the showing of the female breasts without any covering or with less than a full opaque covering; or the depiction of covered male genitals in a discernibly turgid state.

 

‘Sexually explicit conduct’:  A person violates this Code section if he/she, knowing the content of a transmission 25 or post (?), knowingly and without the consent of the depicted person:

 

  • 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.

 

  • 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.

 

A person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature. He/She shall be punished by imprisonment of not less than one year nor more than five years, and fined not more than $100,000.00, or both.

 

Hawaii

Violation of Privacy in the First Degree. Class C Felony. Hawaii Revised Statutes, § 711-1110.9.

 

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 intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place;

  • The person knowingly discloses an image or video of another identifiable person either in the nude, as defined in section or engaging in sexual conduct, 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.
  • When the person was voluntarily nude in public or voluntarily engaging in sexual conduct in public; or pursuant to a voluntary commercial transaction; and nothing in this paragraph shall be construed to impose liability on a provider of “electronic communication service” or “remote computing service.”

 

Violation of privacy in the first degree is a class C 19 Felony.

 

Idaho

Video Voyeurism. Felony. § 18-6609, Idaho Code.

 

Video Voyeurism:

 

The state of Idaho cites that all persons should be free from the viewing, recording, storing or transmitting of images obtained by imaging devices designed of a person’s private areas especially in these circumstances:

  • A place where a reasonable person would believe that he could undress, be undressed or engage in sexual activity in privacy, without concern that he is being viewed, photographed, filmed or otherwise recorded by an imaging device.
  • A place where a person might reasonably expect to be safe from casual or hostile surveillance by an imaging device.

 

In addition, a person is in violation if he or she does the following:

    • Disseminate with the intent that such images be sold by another person;
    • Post, present, display, exhibit, circulate, advertise or allow access by any means so as to make an image or images available to the public; or disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means and to make such image or images available to the public.
    • A person is guilty of video voyeurism when the intent of arousing, appealing to or gratifying the lust or passions or sexual desires of such person or another person, or for his own or another person’s lascivious entertainment or satisfaction of prurient interest, or for the purpose of sexually degrading or abusing any other person.

 

  • Intentionally or with reckless disregard disseminates, publishes or sells or conspires to disseminate, publish or sell any image or images of the intimate areas of another person or persons without the consent of such other person or persons and with knowledge.

 

 

Illinois

Non-Consensual Dissemination of Private Sexual Images. Class 4 Felony. § 11-23.5, Illinois Criminal Code.

 

Be it enacted by the People of the State of Illinois, Non-consensual dissemination of private sexual images for the purpose of sexual arousal.

 

A person is accused of the Non-Consensual Dissemination of Private Sexual Images for the following actions that include…

  • Touching or fondling the victim or animal either directly or through clothing, of the sex organs, anus or breast.
  • To victimize a person or animal with sexual arousal or gratification.
  • Any transfer or transmission of semen on any part of clothed or unclothed part of the victim.
  • Any urination upon the victim.

 

The law further states, that a person commits non-consensual dissemination of sexual images when he or she does the following:

  • Intentional dissemination an image of another person who is at least 18 years of age.
  • Who is identifiable from the image itself from information displayed in connection with the image.
  • Who is engaged in a sexual act.
  • Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private.

 

Kansas

Breach of Privacy, Felony. Kan. Stat. § 21-6101(a) (8).

 

Be it enacted by the Legislature of the State of Kansas:

  • Unlawful transmission of a visual depiction of a child is knowingly transmitting a visual depiction of a child 12 or more years of age but less than 18 years of age in a state of nudity when the offender is less than 19 years of age.

 

Aggravated unlawful transmission of a visual depiction of a child is:

  • Knowingly transmitting a visual depiction of a child 12 or more years of age but less than 18 years of age in a state of nudity:
  • With the intent to harass, embarrass, intimidate, defame or otherwise inflict emotional, psychological or physical harm;
  • For pecuniary or tangible gain; or with the intent to exhibit or transmit such visual depiction to more than one person; and when the offender is less than 19 years of age.

In addition:

Transmission’’ means any form of communication, including, but not limited to, physical transmission of paper and electronic transmission that creates a record that may be retained and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process.

 

Unlawful possession of a visual depiction of a child is knowingly possessing a visual depiction of a child 12 years of age or older but less than 16 years of age in a state of nudity, if committed by a person less than 19 years of age, and the possessor of such visual depiction received such visual depiction directly and exclusively from the child who is the subject of such visual depiction.

 

Blackmail is intentionally gaining or attempting to gain anything of value or compelling or attempting to compel another to act against such person’s will, by threatening to: Communicate accusations or statements about any person that would subject such person or any other person to public ridicule, contempt or degradation; or disseminate any videotape, photograph, film, or image

 

Louisiana

Non-Consensual Disclosure of Intimate Image. R.S. 14:283.2.

 

Nonconsensual disclosure of a private image means the following:

  • 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.
  • 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.
  • 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.
  • 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 3 offense knew or should have known that the disclosure could harass or cause  emotional distress to the person in the image.
  • The image is a female, “intimate parts” also means a partially or fully exposed nipple, including exposure through transparent clothing.

 

Maine

Unauthorized Dissemination of Certain Private Images, Class D Crime, Sec. 1. 17-A MRSA 511-A.

 

This law includes the following:

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 an expectation of privacy.

 

Maryland

Stalking and Harassment. § 3-809, Maryland Code.

 

A Person may not engage in the following:

  • Intentionally cause serious emotional distress to another by  intentionally placing on the internet an identifiable a photograph, film, videotape, recording, or any other reproduction of the image of the other person that reveals the identity of the other person with his or her intimate parts exposed or while engaged in an act of  sexual contact.
  • Knowing that the other person did not consent to  the placement of the image on the internet; and  under circumstances in which the other person had an reasonable expectation that the image would be kept private.
  • A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not  exceeding 1 to 2 years or a fine not exceeding $500 $5,000 or both.

 

Michigan

Misdemeanor, Sec. 145e. See also Sec. 145f. First offense punishable by 93-day sentence or a fine up to $500.  This includes the following:

 

  • Nonconsensual dissemination of private sexual images. Misdemeanor felony if causes financial loss, intent to profit, intent to harass, posted to porn site, other factors.
  • Also, conviction for nonconsensual dissemination of private sexual images qualifies as a prior “qualified domestic violence-related offense” that enhances penalties for convictions for domestic assault, 4th & 5th degree assault, stalking, and violation of a harassment restraining order. Minn. Stat. § 617.261.

 

Nevada

Unlawful Dissemination of an Intimate Image. Category D Felony. NRS, Chapter 200, §2-6.

 

This act relates to crimes of unlawful dissemination of an intimate image of a person; prohibiting certain acts relating to an intimate image of another person; revising provisions relating to sexual assault and the abuse of a child.

  • Pandering or sex trafficking; revising provisions concerning acts of open or gross lewdness, open and indecent or obscene exposure, lewdness with a child and statutory sexual seduction.

 

It is also a crime to disseminate of an intimate image of a person, which depicts:

  • The fully exposed nipple of the female breast of another person; or one or more persons engaged in sexual conduct.

 

The state also provides that an image which would otherwise constitute an intimate image is not an intimate image if the person depicted in the image:

  • Is not clearly identifiable; voluntarily exposed himself or herself in a public or commercial setting; or (3) is a public figure.

 

  • A person commits the crime of unlawful dissemination of an intimate image and is guilty of a category D felony 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.
  • Did not give prior consent to the electronic dissemination or sale.
  • Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public.
  • Was at least 18 years of age when the intimate image was created.

 

New Hampshire

Nonconsensual dissemination of private sexual images. Felony. N.H. Rev. Stat. § 644:9-a.

 

A person commits nonconsensual dissemination of private sexual images when he or she:

  • Purposely, and with the intent to harass, intimidate, threaten, or coerce the depicted person, disseminates an image of such person.
  • Who is identifiable from the image itself or information displayed in connection with the image.
  • Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part.
  • Obtains the image under circumstances in which a reasonable person would know or understand that the person in the image intended that the image was to remain private.
  • Knows or should have known that the person in the image has not consented to the dissemination.

 

The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed is exempt from the provision of this section:

  • When the dissemination is made for the purpose of a criminal investigation that is otherwise lawful — the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct.
  • When the images involve voluntary exposure in public or commercial settings.
  • When the dissemination serves a lawful public purpose.
  • When the dissemination is done in compliance with a subpoena or court order.

 

New Jersey

Invasion of Privacy, Third Degree. § 2C:14-9, New Jersey Code.

 

Invasion of Privacy entails the following:

An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person’s consent.

An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he 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.

 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.

     


New Mexico

Unauthorized Distribution of Sensitive Images. Misdemeanor, Fourth Degree Felony New Mexico Criminal Code.


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 and with the intent to: harass, humiliate or intimidate.

  1. Incite another to harass, humiliate or intimidate that person.
  2. Cause that person to reasonably fear for that person’s own or family members’ safety.
  3. Cause that person to suffer unwanted physical contact or injury.
  4. Cause that person to suffer substantial emotional distress.

 

For the purpose of this section:

  1. “Electronic communications device” means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal.
  2. Sensitive images” means images, photographs, videos or other likenesses of any portion of a person’s genitals, or of a woman’s breast below the top of the areola.

 

Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor.

 

North Carolina

Disclosure of Private Images, Class H Felony (Class 1 Misdemeanor if under age 18); General Statutes Section 14-190.5A.

 

This act protects the public from revenge posting online by making it a criminal offense to disclose certain images in which there is a reasonable expectation of privacy and to make indecent exposure that occurs on private premises, a criminal offense and includes the following:

 

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.
  • The depicted person is identifiable from the disclosed image itself or information offered in connection with the image.
  • The depicted person’s intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed image.
  • The person discloses the image without the affirmative consent of the depicted person.
  • 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.

 

North Dakota

Distribution of Intimate Images without or against consent, Class A misdemeanor; Section 12.1-17-07.2 of the North Dakota Century Code.

 

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.

 

  • “Intimate Image” means any visual depiction, photograph, film, video, recording, picture, or computer or computer – generated image or picture, that depicts human male or female genital or pubic area, with less than an opaque covering.  A female breast with less than an opaque covering, or a portion of the female breast below the top of the areola.

 

  • The individual engaged in any sexually explicit conduct.

 

Sexually explicit conduct means actual or simulated:

  • Sexual intercourse, including genital – genital, oral – genital, anal – genital, or oral – anal, whether between persons of the same or opposite sex
  • Masturbation
  • Bestiality
  • Sadistic or Masochistic activities
  • Exhibition of the genitals, pubic region, buttocks, or female breast of any individual
  • Fondling or touching of the genitals, pubic region, buttocks, or female breast

 

Oklahoma

Nonconsensual Dissemination of Sexual Images. Misdemeanor. Section 1040.13b of Title 21.

 

Criminal conduct relating to dissemination of certain 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.

 

Oregon

Unlawful Dissemination of an Intimate Image. Class A Misdemeanor, Class C Felony if Recidivist. ORS 161.005.

 

A person commits the crime of unlawful dissemination of an intimate image if:

  • 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;
  • The person knows or reasonably should have known that the other person does not consent to the disclosure;
  • The other person is harassed, humiliated or injured by the disclosure; and
  • A reasonable person would be harassed, humiliated or injured by the disclosure.

 

Pennsylvania

Unlawful Dissemination of Intimate Image. Second Degree Misdemeanor, First Degree if Person Depicted is a Minor.  Title 18 Pennsylvania Consolidated Statutes § 3131.

 

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.

Defense:  It is a defense to a prosecution under this section that the actor disseminated the visual depiction with the consent of the person depicted.

(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.

(d)  Territorial applicability: A person may be convicted under the provisions of this section if the victim or the offender is located within this Commonwealth.

 

(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.

 

Tennessee

Unlawful Exposure. Class A Misdemeanor. Tenn. Pub. Act ch. 872.

 

A person commits unlawful exposure for the following actions:

 

A person 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;

(2) The person depicted in the image suffers emotional distress.

 

“Intimate part” means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing.
Texas

Unlawful Disclosure or Promotion of Intimate Visual Material. Class A Misdemeanor. Texas Penal Code 21.16.[Effective September 1, 2015]
Liability for unlawful disclosure or promotion of certain intimate visual material.

  • A defendant is liable, to a person depicted in intimate visual material for damages arising from the disclosure of the material if the defendant discloses the intimate visual material without the effective consent of the depicted person;
  • 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;
    • The disclosure of the intimate visual material causes harm to the depicted person; and
    • The disclosure of the intimate visual material reveals the identity of the depicted person in any manner.

 

Violation of Unlawful disclosure or promotion of intimate visual material occurs doing the following:

  • 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;
  • 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;
  • The disclosure of the visual material causes harm to the depicted person.
  • “Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, bestiality, masturbation, or sadomasochistic abuse.
  • “Simulated” means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.
  • “Visual material” means film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

 

Utah

Distribution of intimate images, misdemeanor. § 76-5b-203, Utah Code.

 

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:

 

  • The actor knows that the depicted individual has not given consent to the actor to

 

  • distribute the intimate image;
  • The intimate image was created by or provided to the actor under circumstances in which the individual has a reasonable expectation of privacy; and
  • Actual emotional distress or harm is caused to the person as a result of distribution under this section. 

Vermont

Unlawful Disclosure of Sexually Explicit Images Without Consent. Misdemeanor. Sec. 2. 13 V.S.A. § 2606.

 

A person violates …Unlawful Disclosure of Sexually Explicit Image 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.

 

A person who violates this subdivision shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

  • 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.

Virginia

Unlawful Dissemination or Sale of Images of Another Person. Class 1 Misdemeanor. § 18.2-386.2, Code of Virginia.

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

Wrongful distribution of intimate images. Gross Misdemeanor. Title 9A RCW. Effective Date TBD.

 

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:

  • Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;
  • Knows or should have known that the depicted person has not consented to the disclosure; and knows or reasonably should know that disclosure would cause harm to the depicted person.

A person who is under the age of eighteen is not guilty of the crime of disclosing intimate images unless the person:

  • Intentionally and maliciously disclosed an intimate image of another person;
  • Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;
  • Knows or should have known that the depicted person has not consented to the disclosure.

Images involving voluntary exposure in public or commercial settings;

 

Any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the image, and that was taken in a private setting, is not a matter of public concern, and depicts:

  • Sexual activity, including sexual intercourse as defined and masturbation;
  • A person’s intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or post-pubescent female nipple
  • The crime of disclosing intimate images: Is a gross misdemeanor on the first offense; or a class C felony if the defendant has one or more prior convictions for disclosing intimate images.

 

Wisconsin

Representations Depicting Nudity. § 942.09, Code of Wisconsin. See also text here

 

Representation of Depicting Nudity is guilty of a Class I felony:

  • Captures a representation that depicts nudity without the knowledge and consent of the person who is depicted nude while that person is nude in a circumstance in which he or she has a reasonable expectation of privacy.
  • Makes a reproduction of a representation that the person knows or has reason to know was captured in violation and that depicts the nudity depicted in the representation captured in violation…if the person depicted nude in the reproduction did not consent to the making of the reproduction.
  • Possesses, distributes, or exhibits a representation that was captured if the person knows or has reason to know that the representation was captured in or the reproduction was made in violation and if the person who is depicted nude in the representation or reproduction did not consent to the possession, distribution, or exhibition.

If the person depicted nude in a representation or reproduction is a child and the capture, possession, exhibition, or distribution of the representation, or making, possession, exhibition, or distribution of the reproduction, does not violate, a parent, guardian, or legal custodian of the child may do any of the following:

  • Capture and possess the representation or make and possess the reproduction depicting the child.
  • Distribute or exhibit a representation captured or distribute or exhibit a reproduction made or possessed if the distribution or exhibition is not for commercial purposes.

Whoever, while present in a locker room, intentionally captures a representation of a nude or partially nude person while the person is nude or partially nude in the locker room is guilty of a Class B misdemeanor.

 

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