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 North Carolina, revenge pornography is addressed under the state's criminal statutes, specifically N.C. General Statute § 14-190.5A, which defines and criminalizes the disclosure of private images. This law makes it illegal to disclose an image of an adult without their consent when the depicted person has a reasonable expectation of privacy and the image is of a sexual nature. The offense is classified as a Class H felony if the depicted individual is an adult and a Class I felony if the individual is a minor. The statute also allows for civil action, permitting victims to sue for damages, including punitive damages and attorney's fees, under N.C. General Statute § 14-190.5B. The law reflects North Carolina's recognition of the serious nature of revenge pornography and provides both criminal penalties and civil remedies to deter such conduct and compensate victims.