Revenge Porn Laws By State

Revenge Porn Laws By State

Revenge Porn is commonly defined as the sexually explicit pictures or video shared on the internet without consent, through any medium, including uploading them onto websites, social media, or sending them via text message or email. Often times, an ex will post or share intimate photos or videos shared with the purpose of harassing or embarrassing the other person. With this growing phenomenon, states are beginning to enact laws to combat revenge porn. Thirty-Seven (37) states and Washington, D.C. now have revenge porn criminal statutes, which are summarized below.

Alaska
Classifies revenge porn as harassment, which is a misdemeanor, punishable by a fine of up to $2,000, and/or up to 90 days in Jail.

Arizona
Establishes that revenge porn is a felony, and punishable by up to three years and nine-month state prison term. Threatening to distribute revenge porn is a misdemeanor and punishable by up to six months in jail, three years of probation, and/or a fine of up to $2,500.

Arkansas
Establishes that revenge porn is a misdemeanor and punishable by up to one year in Jail, and a fine of up to $2,500.

California
Classifies revenge porn as disorderly conduct, which is a misdemeanor punishable by up to 6 months in jail, and a fine of up to $1,000.

Colorado
Establishes revenge porn as a misdemeanor, and punishable by six to eighteen months in jail, and/or a fine of $500-$5,000. In addition, the court may fine the defendant up to $10,000, which goes directly to the Colorado crime victim compensation fund.

Connecticut
Defines revenge porn as voyeurism, which is a felony punishable by a state prison term of one to five years and a fine of up to $5,000 for the first offense and for subsequent offenses or those involving a victim under the age of sixteen, it is a felony punishable by a state prison term of one to ten years, and a fine of up to $10,000.

Delaware
Classifies revenge porn as a violation of privacy, which is a misdemeanor punishable by up to one year in jail and/or $1,000 in fines. With some aggravating circumstances, this can become a felony punishable by a two-year state prison sentence and/or a fine of $500-$2,000.

Florida
Establishes revenge porn as sexual cyber-harassment, a first-degree misdemeanor, punishable by up to one year in jail, and/or $1,000 fine. Subsequent offenses result in a third-degree felony punishable by a state prison term of up to five years, five years of probation, and/or a $5,000 fine. Florida also outlines that victims can file a civil suit allowing relief in the form of injunctive relief, or the removal of the material, $5,000 in monetary relief, or the actual monetary damages suffered, whichever is greater, as well as reasonable attorney fees.

Georgia
Classifies revenge porn as an invasion of privacy, which is a misdemeanor of a high and aggravated nature, punishable by one-year in jail and a $5,000 dollar fine, with subsequent offenses resulting in a felony charge punishable by a one to five-year state prison sentence, and/or a fine of up to $100,000.

Hawaii
Defines revenge porn as a violation of privacy in the first degree, which is a class C felony punishable by a state prison term of up to five years, and/or a fine of up to $10,000. Additionally, the court may impose destruction of all material violating the statute.

Idaho
Defines revenge porn as video voyeurism, classified as a felony. Idaho’s punishments are decided on a case by case basis, but seem to range from state prison terms of three to five years, and/or a fine of up to $5,000 based on the cases that have emerged.

Illinois
Defines revenge porn as non-consensual dissemination of private sexual images, a class 4 felony punishable by a state prison term of one to three years, and/or a fine of up to $25,000.

Iowa
Classifies revenge porn as harassment in the first degree, an aggravated misdemeanor, which is punishable by up to two years in jail, and/or a fine of $625 to $6,250.

Kansas
Classifies revenge porn as a breach of privacy and/or blackmail, which is punishable with up to 18 months of probation, with subsequent offenses within five years elevating the offense to a felony punishable by four to five years in state prison.

 Louisiana
Defines revenge porn as nonconsensual disclosure of a private image, punishable by a state prison term of up to two years with or without hard labor, and/or a fine of up to $10,000.

Maine
Defines revenge porn as Unauthorized dissemination of certain private images, punishable by one year in jail, and/or a fine of up to $2,000.

Maryland
Establishes revenge porn as a subsection of harassment, and is a misdemeanor punishable by up to two years in jail and a fine of up to $5,000.

Michigan
Establishes revenge porn as a misdemeanor punishable by up to 93 days in jail, and/or a fine of up to $500, and one year in jail, and/or a fine of $1,000for subsequent offenses.

Minnesota
Defines revenge porn as nonconsensual dissemination of private sexual images, establishes grounds for a civil cause of action, awarding victims monetary relief of all financial damages caused, amounts equal to profit made from dissemination of material, a civil penalty up to $10,000, along with all court and attorney fees. Injunctive relief and confidentiality in filings is also outlined in the statute. In criminal proceedings, nonconsensual dissemination of private sexual images is a misdemeanor if the dissemination was not posted on a website, for profit, or meant to harass the victim, and punishable by up to 1 year in jail and/or a fine of up to $3,00. If any of those mitigating factors apply, or in subsequent offenses, the punishment is a state prison term of up to three years, and/or a fine of up to $5,000.

Nevada
Defines revenge porn as unlawful dissemination of an intimate image, a felony punishable by a state prison term of one to four years, and/or up to $5,000 in fines.

New Hampshire
Defines revenge porn as nonconsensual dissemination of private sexual images, a felony punishable by a state prison term of three and a half to seven years, a fine of up to $4,000, and often up to five years of probation

New Jersey
Classifies revenge porn as a third-degree invasion of privacy, punishable by a state prison term of up to five years, and/or a fine of up to $30,000.

New Mexico
Defines revenge porn as unauthorized distribution of sensitive images, A misdemeanor punishable by up to one year in jail and/or a fine of up to $1,000. Subsequent offenses result in felonies punishable by a state prison term of up to eighteen months, and/or up to a $5,000 fine.

North Carolina
Defines revenge porn as disclosure of private images, a felony for those over the age of 18, and subsequent offenses of those under the age of 18, which is punishable by four months to two years in jail, while first time offenders under the age of 18 face a class 1 misdemeanor punishable by 120 days in jail and a discretionary fine.

North Dakota
Defines revenge porn as distribution of intimate images without or against consent, a misdemeanor, punishable by up to one year in jail, and/or a fine of up to $2,000.

Oklahoma
Defines revenge porn as nonconsensual dissemination of sexual images, a misdemeanor punishable by up to one year in jail, and/or a fine of up to $1,000, as well as provide injunctive relief for the victim.

Oregon
Defines revenge porn as unlawful dissemination of an intimate image, a class a misdemeanor, punishable by up to one year in jail, and/or up to $6,250 in fines. Subsequent offenses result in class C felony charges punishable by a state prison term of up to five years, and/or a fine of up to $125,00.

Pennsylvania
Defines revenge porn as unlawful dissemination of intimate image, a misdemeanor if the victim is over the age of 18, punishable by a state prison term of up to two years, and/or a fine of up to $5,000. It is also a misdemeanor in if the victim is under the age of 18, but instead punishable by a state prison term of up to five years, and/or a fine of up to $10,000. The statute also establishes a civil cause of action, through which victims can collect up to three times the actual damages (loss of money, reputation, or property), or $500, whichever is greater, reasonable attorney and court fees, as well as additional relief which the court sees fit.

South Dakota
Classifies revenge porn as an invasion of privacy, which is a misdemeanor if the victim is at least 18 years of age, punishable by up to one year in jail, and/or a fine of up to $2,000. If the victim is under the age of 18 and the perpetrator is at least 21 years of age, it is a felony, punishable by a state prison term of up to two years, and/or a fine of up to $4,000.

Tennessee
Defines revenge porn as unlawful exposure, which is a misdemeanor, punishable by up to eleven months and 29 days in jail, and/or a fine of up to $2,500.

Texas
Defines revenge porn as unlawful disclosure or promotion of intimate visual material, which is a misdemeanor punishable by up to one year in jail, and/or a fine of up to $4,000. The statute also establishes civil liability to the victim, awarding actual damages, including damages from mental anguish, court costs and reasonable attorney fees, exemplary damages requested by victims, as well as injunctive relief.

Utah
Defines revenge porn as the distribution of intimate images, a misdemeanor punishable by up to one year in jail, and/or a fine of up to $2,500. Subsequent offenses result in felonies, punishable by a state prison term of up to five years, and/or a fine of up to $5,000.

Vermont
Defines revenge porn as unlawful disclosure of sexually explicit images without consent, which is a misdemeanor punishable by a state prison term of up to two years, and/or a fine of up to $10,000, violators who disclose material for financial gain are subject to a state prison term of up to five years, and/or a fine of up to $10,000. The statute also gives victims a civil cause of action against defendants allowing victims to recover actual damages, court costs and reasonable attorney fees, as well as obtain injunctive relief. Pseudonyms are offered for confidentiality.

Virginia
Defines revenge porn as unlawful dissemination or sale of images of another, a misdemeanor punishable by one year in jail, and/or a fine of up to $2,500

Washington
Defines revenge porn as wrongful distribution of intimate images, which is a misdemeanor punishable by one year in jail, and/or a fine of up to $5,000.

Washington D.C.
Establishes that revenge porn, as it applies to the disclosure to another individual, or publication for general public when publisher is a third-party whom obtained the material from an unauthorized disclosure, is a misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1000. As it applies to the publishing for access for the general public from the original accessor of the material, it is a felony punishable by up to 3 years in prison and/or a fine of up to $12,500.

West Virginia
Defines revenge porn as nonconsensual disclosure of private intimate images, which is a misdemeanor punishable by up to one year in jail, and/or a fine of not $1,000-$5,000. Subsequent offenses face felony charges punishable by a state prison term of up to three years, and/or a fine of up to $10,000.

Wisconsin
Classifies revenge porn as illegal representations depicting nudity, which is a class A misdemeanor, punishable by nine months in jail, and/or up to a fine of $10,000.

Revenge porn cases are becoming more and more prevalent, and with criminal statutes in place, plaintiffs are finding that they can collect damages in civil cases. Have you been the victim of revenge porn? Do not hesitate to contact Traverse Legal Attorney today to explore your legal options.