Revenge Porn Removal

The Ultimate Guide
for2021

Are you a victim of Revenge Porn? If nude or sexually explicit photos or videos of you have been posted for others to see, without your permission, then yes, you are. There’s nothing quite as embarrassing or infuriating as revenge porn, and removing it can seem impossible.

But if you are a revenge porn victim, don’t give up. Revenge porn can be removed. There are revenge porn laws in most states offering a legal recourse to victims seeking justice, and whether your images or videos appear online, on porn sites or on social media, there is hope.

As you read this Ultimate Guide to Revenge Porn Removal, you should know that Reputation Rhino’s team of online reputation management specialists have the knowledge and expertise to remove revenge porn and deindex unwanted content online. The process is private and confidential and we have the experience and sensitivity to deal with the most difficult projects.

Click here to download this guide as a PDF to read later

Chapter 01What is Revenge Porn?

 

Revenge porn refers to sexually explicit videos or photos uploaded to the Internet (websites, social media, etc.) without the express permission of the subject. We call this nonconsensual pornography, commonly known as revenge porn.

It’s called “revenge” porn because it’s often shared to retaliate against a former partner after the relationship has ended. The purpose of this type of harassment is usually to embarrass or cause emotional distress to the subject of the video and/or images.

Revenge Porn Victim

Source: https://cyberbullying.org/

Types of Revenge Porn

Often, explicit photos (selfies, sexting) are shared with an intimate partner, with the assumption that the partner will keep them safe, not share them, etc. But if the relationship ends badly, that partner may publish or share them with others in retaliation. This is one type of the many revenge porn cases we see.

If videos of you in sexual encounters, or in explicit situations involving nudity or sex, have been published without your permission, that’s revenge porn. Additionally, if you were videoed without your knowledge or consent, in various degrees of undress or in sexual situations, and those videos were shared on the internet, that’s revenge porn as well.

Chapter 02Revenge Porn on Instagram

 

Instagram uses AI (Artificial Intelligence) to detect photos and videos that may contain pornographic material and flags them in order to avoid problems. However, there are still instances in which revenge porn is published and shared.

When revenge porn on Instagram is reported, it’s removed and sharing of that content is disabled. But in some cases, it’s not that simple.

How to Remove Revenge Porn from Instagram

If you see images of yourself or others that do not belong on Instagram, there is a way to take them down. Instagram (like many social networks) has community guidelines and if images or videos do not conform with the guidelines, you can report it. These images may contain the following:

  • Nudity
  • Spam
  • Self-harm

Instagram Community Guidelines:

“We know that there are times when people might want to share nude images that are artistic or creative in nature … we don’t allow nudity on Instagram. This includes photos, videos, and some digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some photos of female nipples, but photos of post-mastectomy scarring and women actively breastfeeding are allowed.”

With Respect to Images of Children:

For safety reasons, there are times when we may remove images that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways. You can learn more on our Tips for Parents page.

To report a post (these tips are provided by Civil Rights Initiative):

  1. Tap (iOS and Windows Phone) or (Android) above or below the post
  2. Tap Report Inappropriate
  3. Follow the on-screen instructions

To report a profile:

  1. Tap (iOS and Windows Phone) or (Android) in the top right of the profile
  2. Tap Report (iOS and Android) or Report for Spam (Windows Phone) and select It’s Inappropriate
  3. Follow the on-screen instructions

Learn how to report a comment.

iOS

  1. Tap below the photo
  2. Swipe your finger to the left over the comment you’d like to report
  3. Tap Report Abuse
  4. Select an option for why the comment is abusive

Android

  1. Tap below the photo
  2. Tap the comment you want to report
  3. Tap and choose Delete Comment and Report Abuse

When you report an inappropriate comment, your report is anonymous and your information isn’t shared with the person who originally posted the alleged offensive comment.

Also, reporting the individual multiple times will not affect whether or not it’s removed – so you do not have to report it multiple times. It will be removed if the images do not comport with the Community Guidelines.

If you don’t have an Instagram account, you can report the profile or individual using this form. If you’re trying to report a post or profile you can’t see, ask a friend who can see the content to report it.

Gotta run? Click here to download this guide as a PDF to read later

Chapter 03Revenge Porn on Reddit

 

Reddit is a social media site that calls itself “The Front Page of the Internet,” and that’s highly relevant, considering how visible revenge porn on Reddit can be. Users generate content, create chat rooms, discuss topics, share images and cast votes to launch trends.

It’s easy to imagine just how quickly revenge porn on Reddit can go viral, making removal even more challenging.

How to Remove Revenge Porn from Reddit

Revenge porn is also called “involuntary” porn by Reddit. The social media site allows users to click on the comments below the post and report content that is “inappropriate” such as pornography, nudity, child pornography and otherwise abusive and offensive material. Whether or not you are the victim on revenge porn or a third party, Reddit is obligated to look at the sites you flag and take them down.

Even if the content is removed from the social media site – the Cyber Civil Rights Initiative encourages everyone to report illegal postings to the local authorities that may be construed as child pornography or revenge porn.

Removing Content from Reddit:

Step one: reporting the post

If you have an account:

  • Click the “comments” link under the post.
  • Click “report” under the title.
  • Type in “Involuntary Pornography” as the report reason.
  • Click “submit”.
  • Send the URL of the comments page to [email protected]com with the subject “Involuntary Pornography Report”.

If you don’t have an account:

  • Click the “comments” link under the post.
  • Send the URL of the comments page to [email protected] with the subject “Involuntary Pornography Report”.

Step two: requesting removal from the image hosting site

  • Click the title of the photograph — this should take you to the hosting site.
  • Determine the site that the image was uploaded to.
  • Save the URL to the photo on your clipboard.
  • Find the contact page for page removals, and ask for the photo to be removed from their site.
  • Be sure to include the URL that you copied onto your clipboard in the report before you submit it.
  • Some common image-hosting removal request pages are:
  • imgur.com
  • twitter.com
  • photobucket.com
  • instagram.com

Chapter 04Revenge Porn on Facebook

 

Facebook has assembled a sizeable team of content moderators and IT specialists to contend with a growing revenge porn problem. Dubbed “sextortion” within the platform’s realm, the team fields about 500K revenge porn reports every month.

When revenge porn is found on Facebook (either through reporting or Artificial Intelligence), the content is promptly removed. But what happens when something goes undetected?

How to Remove Revenge Porn from Facebook

If you see revenge porn on Facebook, we have good news. There is a way out. First off, Facebook restricts nudity (with the exception of breast feeding and post-operative photos of mastectomy and the like.) In addition, there are strict rules banning the use of non-consensual porn on Facebook and other social networks.

Facebook writes, “You can anonymously report photos that go against Facebook’s Community Standards. If someone is threatening to share things you want to keep private or asking to you to do something else you’re uncomfortable with…please report this person to us. Before you submit your report, go to this person’s profile and copy their Facebook URL and email address.”

Additionally, if you are the victim of non-consensual porn, Facebook recommends “that victims seek out a victim advocate or social worker in the US…” as there are victim advocates in county offices, police stations, domestic violence prevention centers, rape crisis centers, sheriff’s offices and offices of state attorneys general that can help.

Here are the basics of reporting non-consensual porn on Facebook:

  • Click the photo or video you want to report
  • Hover over the photo and click Options in the bottom right
  • Select Report Photo or Report Video
  • Select I think it shouldn’t be on Facebook

Two routes you can go:

  • “This is nudity” or “this is pornography”
  • Click on Submit to Facebook for Review
  • You can track the status of your report in the Support Dashboard

Options are also given to:

  • You can send a message to the person who posted the images or videos . You can say something to the effect of “I feel this photo is sexually explicit and should not be on Facebook. Would you please take it down?”
  • Unfriend the poster
  • You could also choose, “This humiliates me or someone I know ,”and then submit to Facebook for Review

You can track the status of your report in the Support Dashboard where you can click on their safety tab for additional support.

Helpful Facebook Articles

Out of time? Click here to download this guide as a PDF to read later

Chapter 05Revenge Porn on Twitter

 

No one should be subject to nude photos or pornographic videos of themselves being shared without their permission—and revenge porn on Twitter is no different.

Twitter has rules against the posting of pornographic material and nudity, or what it calls “intimate media.” However, there are recorded cases of Twitter having to be slapped with a court order before removing revenge porn.

How to Remove Revenge Porn from Twitter

In most cases the user can report pornographic or inappropriate images by guiding their mouse over the image, clicking on the “more” icon, and then responding to questions about whether or not the material is appropriate. Social networks will often ban or take down the pictures or videos.

Most importantly, if you see illegal activity such as child pornography, please also contact your local law enforcement agency.

How to report that your private information has been posted on Twitter:

  • Navigate to the offending Tweet.
  • Click the More icon
  • Select Report
  • Select It’s abusive or harmful.
  • Select Either:
    • Includes an unauthorized photo of me.
    • Give more information about the incident, if you’d like.
    • Includes private information
      • Me or someone I represent/Someone else
      • Give more information if prompted.
  • Follow instructions in confirmation email you receive.
  • You can also file a report that someone has posted your private information by going to this page.

Chapter 06Revenge Porn on Google

 

If Google comes across content on its platform that depicts illegal activity, sexual abuse of a child, pornographic content, nude images…it will remove them, particularly if the subject of the content is not aware of its publication.

When revenge porn is uploaded to Google, third parties may find it and share it on websites, social media pages, etc. That’s why it’s imperative that revenge porn be removed from Google as soon as it’s detected.

Remove Revenge Porn from Google

How to Remove Revenge Porn from Google

Google says that according to its policies, it will automatically take down any images or content that could harm a person including the following:

  • Nude or sexually explicit images that were uploaded or shared without consent
  • Bank account numbers
  • Credit card numbers
  • Images of signatures

Before removing content, Google also will consider the following to ascertain if the content is potentially harmful:

  • Is it confidential, or is it publicly available information?
  • Can it be used to obtain more information about an individual that would result in financial harm or identity theft?
  • Is it a personally identifiable nude or sexually explicit photo or video shared without consent?

We apply this policy on a case-by-case basis. If we believe that a removal request is being used to try and remove other, non-personal information from search results, we will deny the request.

Therefore, when reporting offensive or dangerous content such as revenge porn on Google, here are some steps you can take, as provided by the Cyber Civil Rights Initiative:

Google Search Results

Before requesting that a link to an offending photo(s)/video(s) of you in search results be removed by Google, consider the following:

  • It depicts nudity or is otherwise sexually explicit, and
  • You certify that you appear in the content and have not previously consented to its distribution.
  • Its inclusion in search results violates your copyright.

Also, Google suggests that you first contact the hosting website’s webmaster, if possible, to request removal of the content at the source.

To request removal of nonconsensual porn, click here.

You will then have to answer a few questions to load the removal request form which looks like this:

When prompted for what you would like to remove, select A picture of myself.

  • On the form, you will need to provide the contact information, along with the URL(s) you would like removed, a URL of a Search results page linking to the requested URL(s), and one or more screenshots to help identify the content and verify it is still live when Google reviews the request.

Follow these steps to report abuse on a file or Google document:

  • Open the file.
  • Click on the Help menu.
  • Select Report abuse/copyright.
  • Select Nudity.
  • Click Submit Abuse Report.

Blogger Visit this link and complete the information in the form provided to report that someone has posted nude or sexually explicit images of you without your consent. Then click Submit.

Reporting Abuse on other Google Products

On YouTube, Google+, and Google Play:

  • Depending on what kind of device you have, you’ll see an icon that you can click
  • Click it and click Report Abuse. If prompted, select the appropriate abuse type, usually “Nudity” or “Pornography.” More detailed instructions can be found at the following links:

YouTube: Flagging content OR Other reporting options Google+: Report spam, abuse, or inappropriate content Google Play: Report content issues or violations

Please note that even if Google deletes specific URLs from search result pages, the webpage hosting the content still exists. Google offers specific information on helping users understand how to contact a site’s webmaster in order to ask that content be removed from a website. This site also offers information on finding webmaster contact information via Whois. Removal of the content from the source is the only way to actually get the content removed from the web.

Need to go? Click here to download this guide as a PDF to read later

Chapter 07Revenge Porn on Tumblr

 

Tumblr is a social media platform that gives its users the ability to report inappropriate content, including revenge porn. However, there have been cases in which courts found Tumblr to be protected by the Communications Decency Act. This means they were not held accountable for damage done by revenge porn uploaded by its users.

How to Remove Revenge Porn from Tumblr

Revenge porn is against the law. In addition, many of the major social networks, where revenge porn is often posted, also have rules banning any images or videos of porn or any depiction of sexual activity or nudity. Tumblr is one such mega-social media site that allows users the ability to report any illegal or offending images. According to the Cyber Civil Rights Initiative, there are two ways that you can report such content to Tumblr. You can flag the post while being logged in OR report the content via Tumblr’s Privacy Violation Form.

Many of the social networks, including Tumblr, will keep your identity secret when reporting offensive content. However, Tumblr will need to verify your identity and will request your photo ID or a photo of you holding a sign to prove that you’re the one filing the report. “They have implemented strong security measures to keep this material private,” according to Tumblr.

How to remove offensive images while logged in to Tumblr’s Dashboard:

  • Click on the ellipses to the left of the re-blog icon.
  • Select Flag this Post.
  • Select This violates Tumblr’s Community Guidelines.
  • Select Someone is at risk of harm.
  • Select Privacy violation and answer the remaining questions to give Tumblr all of the information they need to take action.
    Reporting offensive content via Tumblr’s Privacy Violation Form. o Click on Tumblr’s Privacy Violation Form.
  • Click Yes (to “Is it your privacy that’s being violated?”).
  • Click Private images of me have been posted.
  • Provide the information that is requested.

Chapter 08Revenge Porn on Microsoft Bing

 

Microsoft, like other tech giants, has clear rules against the posting of nudity and other pornographic content. What has been found, though, is that the revenge porn victim is generally left with the task of having it removed.

There are early-stage initiatives in place to eradicate revenge porn from platforms like Microsoft. But until those programs are in place and foolproof, victims must be proactive.

How to Remove Revenge Porn from Microsoft

Here is how you can report non-consensual porn on Microsoft’s Bing platform/search engine:

Bing Search Results:

There are two ways to get nonconsensual pornography removed from Bing search results. In all cases, you can use our nonconsensual pornography takedown form, which asks for information such as the URL that contains the offensive materials, whether or not the images/videos are consensual, and a few other questions.

Additionally, if a website owner has already taken down the content, and the page is still showing in Bing results, you can use Microsoft’s content removal tool to ask Bing to update the view of the web.

More information on how to use the content removal tool for this scenario is below.

Content Removal Tool Instructions

There are two cases where you may use this:

  • Page is no longer available, but still shows up in Bing search results.
  • Enter the URL in the content URL field
  • Select “remove page” as the removal type
  • Page has been changed to not contain information about you, but Bing still has an older copy of the page showing up in search results.
  • Enter the URL in the content URL field
  • Select “remove outdated cache” as the removal type
  • Enter the outdated text that is no longer appearing on the current site but still shows up in Bing search
Want to pick this up later? Click here to download this guide as a PDF to read later

Chapter 09Revenge Porn Laws

 

Revenge porn is a misdemeanor or felony in 48 states, Washington D.C. and one U.S. territory. The United States federal government offers no protection for revenge porn victims. If the victim is filing the revenge porn lawsuit, it falls under the jurisdiction of the victim’s state of residence.

In some cases, it’s adequate to demand that images or video be removed by way of a court order. In other instances, criminal or civil cases can result in damages being assessed and monetary compensation being paid.

Revenge Porn Laws

Revenge Porn, State by State

Revenge porn is the dissemination of pornography or images, which is used by a 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.

Alabama
Distributing a private image. SB301, Code of Alabama 1975, Secs 15-20A-4 to 15-20A-43 amended.

First offense in a misdemeanor and punishable by up to one year in jail. If the first offense is an aggravated offense, it’s a Class C felony and punishable by up to ten years in prison.

Subsequent offenses are also Class C felonies, punishable by up to ten years in prison.

There are no limits protections to victims based on age and there are no public interest or concern exceptions.

Alaska
Harassment in the second degree. Alaska 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. Senate Bill 1255, Chapter 863.

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 Georgia: ‘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.

Guam
Unlawful distribution of images. Public Law No. 33-171.

First offense is a misdemeanor, while subsequent and aggravated offenses are felonies.

There are no limits of protection based on age and there is a public interest / concern exception.

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.

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 purposes 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.

Indiana
Nonconsensual pornography. Senate Bill 192. Senate Bill 243.

Iowa
Harassment or invasion of privacy, aggravated misdemeanor. Section 708.7, Code 2017.

First offenses, aggravated offenses and subsequent offenses are all misdemeanors. There are no limits regarding age and there is a public interest / concern exception.

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.

Kentucky
Distribution of sexually explicit images without consent. KRS 531.120.

Class A Misdemeanor for first offense. Class D Felony for aggravated or subsequent offenses, or if images are distributed for gain or profit in a first offense. Class C Felony for subsequent offenses where images are used for gain or profit.

No age limits, and there are exceptions for public interest and concern.

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.

Mississippi
An Act to Criminalize the Disclosure Without Consent of Intimate Visual Material; To Define Terms; To Provide Penalties for the Crime; to Enumerate Certain Defenses; And for Related Purposes. Senate Bill No. 2121.

A first offense shall be charged as a misdemeanor and punishable by up to six months in prison and/or a fine of up to $1,000.

An aggravated offense, subsequent offenses and offenses for the purpose of financial gain will be charged as felonies punishable by up to one year in prison and/or a fine of up to $2,000.

There are no age limitations and there is an exception for public interest or concern.

Minnesota
Nonconsensual dissemination of private sexual images. Minn. Stat. § 617.261.

Minnesota places no protection limits on victim based on age. There is an exception for public interest and concern.

The first offense, even if it’s an aggravated offense, is a misdemeanor. It’s a felony if it causes financial damage, if the offender sought financial gain, if there was intent to harass or if it was posted to a pornography site.

Any conviction for nonconsensual dissemination of private sexual images will quality as a domestic-violence-related offense. This will enhance penalties for domestic assault, 4th and 5th degree assault, stalking and violation of restraining orders.

Missouri
Nonconsensual dissemination of private sexual images. Mo. Rev. Stat. § 573.110 & 573.112.

If the offense is first-time, aggravated or subsequent, it will be considered a Class D Felony. Unless the dissemination is accompanied by threats—then it will be a Class E Felony.

There are limits on the ages of those protected, and there is an exception for public interest / concern.

Montana
Privacy in Communications. House Bill 192 related to § 45-8-213.

All offenses will be charged as misdemeanors. There are no limits protections based on age and there is a public interest / concern exception.

Nebraska
Knowing and intentional distribution of image or video. LB 630.

First offenses will be categorized as misdemeanors, while aggravated and subsequent offenses will qualify as felonies.

Victims will not have protection limits based on age and there will be an exception for public interest or concern.

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, HB-142.

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.

New York
Unlawful Dissemination or Publication of an Intimate Image. NY State Senate Bill S1719C.

All offenses qualify as misdemeanors, no limits protections are provided based on age and there is an exception for public interest / concern.

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

Ohio
Prohibit disseminating private sexual images. HB 497.

All offenses are misdemeanors, there is a public interest / concern exception and there are limits protections regarding the age of the victim.

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.
  3. 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.

Rhode Island
Unauthorized dissemination of indecent material. Chapter 11-64-3 of the General Laws.

The first offense shall be qualified as a misdemeanor, unless the content was used for extortion. Then it’s a felony. Aggravated offenses and subsequent offenses are also qualified as felonies.

There are limits in place regarding age and there is a public interest / concern exception.

South Dakota
Invasion of Privacy. Section 4 of Chapter 22-21.

Class 1 Misdemeanor for first, aggravated and subsequent offenses. However, if the victim is a minor and the perpetrator is over the age of 21, then it’s a Class 6 Felony.

There is no public interest / concern exception.

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.
  3. “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.

West Virginia
Nonconsensual disclosure of private intimate images. §61-8-28a, Code of West Virginia.

A first offense will be a misdemeanor. Aggravated and subsequent offenses will be felonies. There are no limits protections for victims based on age and no exception for public interest / concern.

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.

Wyoming
Unlawful dissemination of intimate images, definitions, penalties, exemptions from liability. Section 1 W.S. 6-4-306.

All offenses will be charged as misdemeanors with a penalty of up to one year in prison and/or a $5,000 fine.

There are no limits protections for victims based on age and no exception for public interest or concern.

Chapter 10Fighting Revenge Porn

 

The Scarlet Letter has been cruelly reimagined and digitally enhanced for the information age. A woman’s sexual indiscretions were harsh and humiliating back in Nathaniel Hawthorne’s day, but there is something even more invasive and insidious about the scourge of revenge porn and its free speech apologists.

Revenge porn sites are simply the modern version of victimizing and embarrassing women and men who find themselves on the wrong side of a slighted ex or an unscrupulous hacker. Revenge porn sites allow the posting of private photos of men and women in compromising positions without consent and often under the shield of the Communications Decency Act, a cruel misnomer if there ever was.

Fighting Against Revenge Porn

Source: https://columbiachronicle.com/

The ABA Journal recently reported that if a person finds themselves on the growing number of revenge porn web sites without their consent, fighting to get the photos removed is often a frustrating, expensive and potentially dangerous proposition. Often these sites have comment areas that can be rude, insulting and even threatening to personal privacy. In some cases, information like a home address, place of school or work or social media accounts accompany the images.

According to the ABA Journal, “[o]nly two states, California and New Jersey, make it illegal to post a sexual photo online without the subject’s consent. Though experts say revenge porn may violate other state statutes, it’s common for police to say no law was broken unless the picture is child porn, of those under 18 when a photo was taken.”

Victims “…have threatened or filed lawsuits alleging privacy violations….But while suing the website is efficient, the law may forbid it. Section 230 of the federal Communications Decency Act grants website operators immunity from lawsuits over their users’ speech—a measure intended to preserve online free speech. Revenge porn sites often invoke it, and some experts believe it protects them.”

So is there hope for these victims who find their lives, careers and online reputation have been ruined by these sites? Sometimes victims can claim copyright infringement, if they have taken steps to assert a copyright interest in their photos, but typically copyright belongs to the creator of the image, which is rarely the victim. Also, efforts to sue these sites have had mixed results in the courts. Some sites operate offshore where they are able to evade the very laws which shield U.S. companies from liability.

A group of lawyers recently started Without My Consent, a non-profit organization seeking to combat online invasions of privacy and empower victims to seek justice and redress. Claimants have asserted a variety of causes of action, including Intentional Infliction of Emotional Distress, Negligence, Stalking, and Invasion of Privacy claims, as well as civil restraining orders and other affirmative steps to protect privacy and prevent further online harassment.

If you are suffering under the burden of nonconsensual pornographic images, you no longer have to be a revenge porn victim. It’s time to stand up and restore your dignity with the help of Reputation Rhino’s revenge porn removal experts.

The next step is simple. Contact Reputation Rhino as soon as possible, before those images or videos are shared again.

Revenge porn can be damaging, humiliating, harassing… but all that ends now.

Click here to download this guide as a PDF to refer back to later
Scroll to Top