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 Florida, revenge pornography is addressed under Florida Statutes Section 784.049, known as the 'Sexual Cyberharassment' law. This law makes it a criminal offense to willfully and maliciously sexually cyberharass another person without their consent. Sexual cyberharassment includes publishing a sexually explicit image of a person to an internet website or disseminating it through electronic means, with the intent to cause substantial emotional distress to the depicted person. The law applies when the depicted person is identifiable, and the image was originally obtained with a reasonable expectation of privacy. The first offense is classified as a first-degree misdemeanor, which may include penalties such as jail time and fines. Subsequent offenses can be charged as third-degree felonies, potentially leading to more severe penalties including prison time. Additionally, victims of revenge pornography in Florida have the right to bring a civil action to seek damages and injunctive relief against the perpetrator. This allows victims to potentially recover monetary compensation for the harm suffered due to the nonconsensual dissemination of private images.