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 Montana, revenge pornography is addressed under the state's privacy laws. Specifically, Montana Code Annotated § 45-5-223 (Privacy in Communications) makes it unlawful to knowingly or purposely disclose an image of another person who is depicted in a sexual act or whose intimate parts are exposed, when there is an expectation of privacy, without that person's consent. This is considered a misdemeanor offense. The law also covers the distribution of such images, whether it's done in person, via electronic messages, on social media, or on websites. The penalties for committing this offense can include fines and potential jail time. Additionally, victims of revenge pornography in Montana may have the right to pursue civil action against the perpetrator for damages. This means that beyond criminal penalties, individuals who engage in revenge pornography could also be held financially responsible for the harm they cause.