Revenge pornography—also known as revenge porn or nonconsensual pornography—is a criminal offense in most states and is committed when a person publishes private nude, pornographic, or explicit photos, videos, or images of another person’s body or sexual activity without that person’s consent.
The publication of revenge porn may occur in many forms, including (1) an in-person showing of printed or electronic photographs or video to another person or persons; (2) sending images or videos by electronic message such as text, chat, or e-mail; (3) publishing images or videos on social media; or (4) publishing images or videos on a website.
Revenge pornography laws are generally located in a state’s statutes—often in the penal or criminal code. These statutes are sometimes titled with descriptive names such as The Unlawful Disclosure or Promotion of Intimate Visual Material. Revenge pornography offenses may be prosecuted as misdemeanors or as felony offenses—depending on the state's laws—and often include potential jail or prison time.
The publication of revenge pornography may also create civil liability for money damages in a lawsuit under state law, and some states have enacted specific laws providing for such civil liability, in addition to any criminal prosecution.
In Alabama, revenge pornography is addressed under the state's criminal statutes. Specifically, Alabama Code § 13A-12-192, known as the 'Distribution of Private Images Act,' makes it unlawful to disseminate a private image without the consent of the person depicted when the depicted person had a reasonable expectation that the images would remain private. The law covers various means of distribution, including in-person sharing, electronic messaging, and posting on social media or websites. Violation of this law is considered a Class A misdemeanor, which can result in a jail sentence of up to one year and/or a fine. Additionally, repeat offenses can escalate to felony charges. While Alabama's criminal code addresses the criminal aspect of revenge pornography, victims may also have the option to pursue civil remedies for damages, although Alabama does not have a specific civil statute for revenge pornography as of the knowledge cutoff date. Victims may seek relief through other civil causes of action such as invasion of privacy or intentional infliction of emotional distress.