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 Iowa, revenge pornography is addressed under Iowa Code Section 709.21, which defines 'nonconsensual dissemination of private sexual images' as a criminal offense. This law makes it illegal to distribute any photo, film, or digital image of another person who is identifiable and is engaged in a sexual act or whose intimate parts are exposed, when the depicted person has not consented to the dissemination. The law applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. Violation of this statute is considered an aggravated misdemeanor for a first offense, which can lead to jail time and fines. Subsequent offenses can be treated as felonies with more severe penalties. Additionally, victims of revenge pornography in Iowa may seek civil remedies, including monetary damages, against the perpetrator for the harm caused by the nonconsensual distribution of their private images.