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 Arizona, revenge pornography is addressed under Arizona Revised Statutes § 13-1425, known as 'Unlawful Distribution of Images.' This statute makes it a criminal offense to intentionally disclose, display, distribute, publish, advertise, or offer a photo, videotape, film, or digital recording of another person in a state of nudity or engaged in specific sexual activities without the person's consent, when the person has a reasonable expectation of privacy. The law applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. Violations of this law can be charged as a class 5 felony, and if the victim is recognizable, the offense is a class 4 felony. Additionally, the victim may pursue civil remedies for damages, which can include compensation for emotional distress and economic losses, as well as punitive damages and attorney's fees. Arizona's approach to revenge pornography provides both criminal penalties and the potential for civil liability to address the harms caused by nonconsensual pornography.