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 Mississippi, revenge pornography is addressed under the state's criminal statutes. Specifically, Mississippi Code Section 97-29-61, titled 'Unlawful posting of certain information over the internet,' makes it a criminal offense to post or publish explicit photos or videos of someone without their consent with the intent to cause harm. This law covers the nonconsensual sharing of such material through various means, including in-person displays, electronic messaging, social media, and website publication. Violation of this statute is considered a felony, and individuals convicted of this crime can face significant penalties, including fines and imprisonment. Additionally, victims of revenge pornography in Mississippi may have the right to pursue civil action against the perpetrator for damages, although Mississippi does not have a specific civil statute for revenge pornography. Instead, victims may rely on general tort principles such as invasion of privacy or intentional infliction of emotional distress.