What is Non-Consensual Porn?
Non-consensual pornography, also known as revenge porn, occurs when intimate images or sexually explicit material is shared without the consent of the depicted person. An estimated 1 in 12 U.S. adults have been the victim of image-based abuse, according to a 2020 study conducted by the American Psychological Association.
A lesser known (but equally frightening) statistic from the same study revealed 1 in 20 U.S. adults as being the perpetrators of image-based abuse. Horrifying, but not shocking, considering “99% of those surveyed expressed at least some approval [for the posting] of revenge porn”, according to the University of Kent.
Non-Consensual Pornography Laws
All states (except for Massachusetts and South Carolina) have specific statutes related to non-consensual pornography. These statutes may differ from state to state, but the basic premise remains the same.
| State | Statute(s) | Penalties |
|---|---|---|
| Alabama | Alabama Code, Section 13A-6-240 | Class A misdemeanor: Punishable by up to 1 year in jail.
OR *Class C felony: Punishable by up to 10 years of incarceration. *For subsequent offenses. |
| Alaska | Alaska Statutes, Section 11.61.120 | Class B misdemeanor: Punishable by up to 90 days in jail, and/or a fine of $2,000. |
| Arizona | Arizona Revised Statutes, Section 13-1425 | Class 5 felony
OR *Class 4 felony: Presumptive 2.5 years in prison, a fine of up to $150,000, and/or possible registration as a sex offender. *If the image is disclosed by electronic means. |
| Arkansas | Arkansas Code, Section 5-26-314 | Class A misdemeanor: Punishable by up to 1 year in jail, a fine of up to $2,500, or both. |
| California | California Penal Code, Section 647(j)(4) | Misdemeanor: Punishable by up to 1 year in jail, and/or a fine of up to $1,000. |
| Colorado | Colorado Revised Statute, Section 18-7-107, & 108 | Class 1 misdemeanor: Punishable by up to 18 months in jail, and a fine of up to $5,000. |
| Connecticut | Connecticut General Statutes, Section 53a-189c | *Class A misdemeanor: Punishable by up to 1 year in jail, a $2,000 fine, or both.
OR **Class D felony: Punishable by up to 5 years in prison, a $5,000 fine, or both. *If disseminated to one other person. **If disseminated to more than one other person and via computer service, information service, or telecommunications service. |
| Delaware | Delaware Code Title 11, Section 1335 | Class A misdemeanor: Punishable by up to 1 year in jail, a $2,300 fine, or both.
OR *Class G felony: Punishable by up to 5 years in prison. *If aggravating factors are present. |
| District of Columbia | DC Code, Section 22-2051 et. seq | *Misdemeanor: Punishable by a maximum fine of $1,000, and/or 180 days in jail.
OR **Felony: Punishable by a fine of up to $12,500, and/or 3 years in prison. *If disclosed to five or fewer. **If published to six or more, or made available on the internet. |
| Florida | Florida Statutes, Section 784.049(3) | First-degree misdemeanor: Punishable by up to 1 year in jail, a fine of up to $1,000, or both.
OR *Third-degree felony: Punishable by up to 5 years in jail, a $5,000 fine, or both. *For subsequent offenses. |
| Georgia | Georgia Code, Section 16-11-90 | Aggravated misdemeanor: Punishable by up to 1 year in jail, a $1,000 fine, or both.
OR *Felony: Punishable by 1 to 5 years in jail, a fine of up to $100,000, or both. *For subsequent offenses or if the material is posted on a website that advertises. |
| Hawaii | Hawaii Revised Statutes, Section 711-1110.9 | *Class C felony: Punishable by up to 5 years in jail, a $10,000 fine, or both.
*For violations in the first-degree. |
| Idaho | Idaho Code, Section 18-6605(a)-(c) | Felony: Punishable by up to 5 years in jail, a fine of up to $50,000, or both. |
| Illinois | Illinois Criminal Code, Chapter 720 § 11-23.5 & Chapter 740 § 190/25 | Class 4 felony: Punishable by 1 to 3 years in jail, and/or a fine of up to $25,000. |
| Indiana | Indiana Criminal Code, Section 35-45-4-8 | Class A misdemeanor: Punishable by up to 1 year in jail, a fine of up to $5,000, or both.
OR *Level 6 felony: Punishable by 6 months to 2.5 years in jail, a fine of up to $10,000, or both. *For cases where there is a prior unrelated conviction. |
| Iowa | Iowa Code, Section 708.7 (1)(a)(5) | Aggravated misdemeanor: Punishable by up to 2 years in jail, a fine of up to $8,540, and/or possible registration as a sex offender. |
| Kansas | Kansas Statutes, Section 21-6101(a)(8) | Severity level 8 personal felony: Punishable by 7-23 months in prison, a fine of up to $100,000, or both.
OR *Severity level 5 personal felony: Punishable by 31-136 months in prison, a fine of up to $300,000, or both. *For second offense. |
| Kentucky | Kentucky Statutes, Section 531.120 | Class A misdemeanor: Punishable by up to 1 year in jail, a fine of up to $500 fine, or both.
OR *Class D felony: Punishable by 1-5 years in jail, a fine of up to $10,000, or both. If the offender distributes the material for profit or gain, the degree and potential penalties increase. *For second offense. |
| Louisiana | Louisiana Revised Statutes, Section 14:283.2 | Violations are punishable by up to 2 years in jail, a fine of up to $10,000, or both. |
| Maine | Maine Criminal Code, 17A MRSA Section 511-A | Class D crime: Punishable by up to 1 year in county jail, a fine of up to $2,000, or both. |
| Maryland | Maryland Criminal Law Code, Section 3-809 | Misdemeanor: Punishable by up to 2 years in jail, a fine of up to $5,000, or both. |
| Michigan | Michigan Codified Laws, Section 750.145e | Misdemeanor: Punishable by up to 93 days in jail, or a fine of up to $500. For a second or subsequent violation, penalties increase to up to 1 year in jail, a fine of up to $1,000, or both. |
| Minnesota | Minnesota Statutes, Section 617.261, 604.31, & 609.748 | Gross misdemeanor: Punishable by a fine of up to $3,000.
OR *Felony: Punishable by civil penalties up to $10,000, and any additional value equal to court costs, court fees, and reasonable attorney fees. *Under certain circumstances, including if the material causes financial loss, is characterized by intent to profit or intent to harass, or is posted to a porn site. |
| Mississippi | Mississippi Code Annotated, Section 97-29-64.1 | *Misdemeanor: Punishable by up to 6 months in county jail, a fine of up to $1,000, or both.
OR **Felony: Punishable by up to 1 year in jail, a fine of up to $2,000, or both. *If the offense is committed for financial profit, it will be treated as a felony, punishable by 1 year in prison and/or a fine of up to $2,000. **For second or subsequent offense. |
| Missouri | Revised Statutes of Missouri, Section 573.110 & 573.112 | Class D felony: Punishable by up to 7 years in state prison, a fine of up to $10,000, or both.
Threats to disclose private sexual images is a class E felony. |
| Montana | Montana Code Annotated, Section 45-8-213 (1)(d) | Misdemeanor: Punishable by up to 6 months in jail, a fine of up to $500, or both.
OR *Felony: Punishable by up to 1 year in jail, a fine of up to $1,000, or both. OR **Felony: Punishable by up to 5 years in jail, a fine of up to $10,000, or both. *Second offense. **Third or subsequent offense. |
| Nebraska | Nebraska Revised Statutes, Section 28-311.08, & Section 25-3503 | Class I misdemeanor: Punishable by up to 1 year in jail, a fine of up to $1,000, or both.
OR *Class IV felony: Punishable by up to 2 years in prison, a fine of up to $10,000, or both. *Second or subsequent offense. |
| Nevada | Nevada Revised Statutes, Section 200-780 | Class D felony: Punishable by 1 to 4 years in jail, a fine of up to $5,000, or both. |
| New Hampshire | New Hampshire Revised Statutes, Section 644:9-a | Class B felony: Punishable by 1 to 7 years in state prison, a fine of up to $4,000, or both. |
| New Jersey | New Jersey Code, Section 2C:14-9 | Crime of the third degree: Punishable by 3 to 5 years in state prison, a fine of up to $15,000, or both. |
| New Mexico | New Mexico Statutes, Section 30-37A-1 | Misdemeanor: Punishable by up to 1 year in jail, a fine of up to $1,000, or both.
OR *Fourth-degree felony: Punishable by up to 18 months in jail, a fine of up to $5,000, or both. *Second or subsequent offense. |
| New York | Consolidated Laws of New York, Section 245.15 | Class A misdemeanor: Punishable by up to 364 days in jail, a fine of up to $1,000, or both. |
| North Carolina | General Statutes, Section 14-190.5A | Class H felony: Punishable by up to 3 years in state prison, a fine, or both. |
| North Dakota | North Dakota Century Code, Section 12.1-17-07.2 | Class A misdemeanor: Punishable by up to 360 days in jail, a fine of up to $3,000, or both. |
| Ohio | Ohio Revised Code, Section 2917.211(B) | Third-degree misdemeanor: Punishable by up to 60 days in jail, a fine of up to $500, or both.
OR *Second-degree misdemeanor: Punishable by up to 90 days in jail, a fine of up to $750, or both. OR **First-degree misdemeanor: Punishable by up to 180 days in jail, a fine of up to $1,000, or both. *Second offense. **Subsequent offense. |
| Oklahoma | Oklahoma Statutes, Section 1040.13b | Misdemeanor: Punishable by up to 1 year in jail, a fine of up to $1,000, or both.
OR *Felony: Punishable by up to 4 years in jail. *If committed for financial gain. A second felony offense can be punishable up to 10 years in jail and include sex offender registration. |
| Oregon | Oregon Revised Statutes, Section 163.472 | Class A misdemeanor: Punishable by up to 364 days in jail, a fine of up to $6,250, or both.
OR *Class C felony: Punishable by up to 5 years in jail, a fine of up to $125,000, or both. *Second or subsequent offense. |
| Pennsylvania | Pennsylvania Consolidated Statutes, Title 18 Section 3131 | *Second-degree misdemeanor: Punishable by up to 2 years in jail, a fine of up to $5,000, or both.
OR **First-degree misdemeanor: Punishable by up to 5 years in jail, a fine of up to $10,000, or both. *If the victim is an adult. **If the victim is a minor. |
| Rhode Island | Rhode Island General Laws, Section 11-64-3 | Misdemeanor: Punishable by up to 1 year in jail, a fine of up to $1,000, or both.
OR *Felony: Punishable by up to 3 years in jail, a fine of up to $3,000, or both. OR **Felony: Punishable by up to 5 years in jail, a fine of up to $5,000, or both. *Second or subsequent offense. **If the violation involves financial benefit or requires financial payment to remove from public view. |
| South Dakota | South Dakota Statutes, Section 22-21-4 | Class 1 misdemeanor: Punishable by up to 1 year in jail, a fine of up to $2,000, or both.
OR *Class 6 felony: Punishable by up to 2 years in jail, a fine of up to $4,000, or both. *If the victim is a minor. |
| Tennessee | Tennessee Code, Section 39-17-318 | Class A misdemeanor: Punishable by up to 11 months and 29 days in jail, a fine of up to $2,500, or both. |
| Texas | Texas Penal Code, Section 21.16 | State jail felony: Punishable by 180 days to 2 years in jail, a fine of up to $10,000, or both. |
| Utah | Utah Criminal Code, Section 76-5b-203 | Class A misdemeanor: Punishable by up to 364 days in jail, a fine of up to $2,500, or both.
OR *Third-degree felony: Punishable by up to 5 years in prison, a fine of up to $5,000, or both. *Second or subsequent offense. |
| Vermont | Vermont Statutes, 13 V.S.A. Section 2606 | Violations are punishable by up to 2 years in jail, a fine of up to $2,000, or both.
If the offender disseminates the material for profit, the offense is punishable by up to 5 years jail, a fine of up to $10,000, or both. |
| Virginia | Code of Virginia, Section 18.2-386.2 | Class 1 misdemeanor: Punishable by up to 1 year in jail, a fine of up to $2,500, or both. |
| Washington | Washington Revised Code, Section 9A.86.010 | Gross misdemeanor: Punishable by up to 364 days in jail, a fine of up to $5,000, or both.
OR *Class C felony: Punishable by up to 5 years in jail, a fine of up to $10,000, or both. *Second or subsequent offense. |
| West Virginia | Code of West Virginia, Section 61-8-28a | Misdemeanor: Punishable by up to 1 year in jail, a fine of $1,000 to $5,000, or both.
OR *Felony: Punishable by up to 3 years in jail, a fine of $2,500 to $10,000, or both. *Second or subsequent offense. |
| Wisconsin | Code of Wisconsin, Section 942.09 | Class A misdemeanor: Punishable by up to 9 months in jail, a fine of up to $10,000, or both.
OR *Class I felony: Punishable by up to 3.5 years in jail, a fine of up to $10,000, or both. *If the victim is a minor. |
| Wyoming | Wyoming Statutes, Section 6-4-306 | Misdemeanor: Punishable by up to 1 year in jail, a fine up to $5,000, or both. |
Currently, there are no federal laws that specifically address non-consensual pornography. However, Congress recently revised 15 U.S.C. § 6851, otherwise known as the Violence Against Women Reauthorization Act, to address this gap in federal governance! Now, victims of non-consensual pornography can take civil action in federal court against their abuser. Plaintiffs may even file anonymously by using a pseudonym, such as ‘Jane Doe’ or ‘John Doe’, to further protect their privacy.
How To Prove Revenge Porn
Proving non-consensual pornography can be difficult. After all, how can you prove lack of consent? Firstly, it’s important to note that making or sharing your own intimate images does not signify your consent for the image(s) to be shared elsewhere. Secondly, you can prove lack of consent with your own testimony.
The mandatory material evidence that must be presented to the court is:
- Evidence that the defendant shared an intimate image of you without your consent; and
- Evidence that the defendant knew you did not consent, or recklessly disregarded whether or not you consented.
Revenge Porn Relief
By filing a civil lawsuit in federal court, you may be able to:
- Obtain a court order demanding the defendant stop sharing intimate images of you.
- Receive compensation for any financial loss accumulated from the sharing of intimate images of you without your consent, or order payment to you in the amount of $150,000.
- Have your attorney’s fees and court costs covered by the defendant.
Other resources include:
- National Domestic Violence Hotline: Free and confidential support and information 24/7 at 1-800-799-SAFE (7233) and 1-800-787-3224 (TTY). You can also communicate with a Hotline advocate via chat or text. Visit thehotline.org for more information.
- Cyber Civil Rights Initiative’s Safety Center: Help with image-based sexual abuse. Visit their website or call the CCRI Image Abuse Helpline at 844- 878-CCRI (2274).
- National Sexual Assault Hotline: Call 1-800- 656-4673 or chat online at rainn.org/about-national-sexual-assault-telephone-hotline.
- RM Warner Law: An experienced cyber lawyer can get the content removed, even without an impending lawsuit, in certain cases. Additionally, they can aid in preventing further security compromises and extortion attempts.
Legal Help for Revenge Porn
Remember, you are not alone in this battle against extortion and abuse! Our team can assist you in several ways if you’re having trouble removing content from social media platforms or other online sources.
By working with the experienced internet lawyers at RM Warner Law, you can obtain restitution and thrive without fear of malicious threats or intimate leaks. Call 1-866-570-8585 or complete our contact form to book a consultation.
You can also stay connected with us on Instagram, YouTube, or TikTok!
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