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 New Mexico, revenge pornography is addressed under the state's criminal statutes. Specifically, New Mexico law criminalizes the distribution of 'sensitive images' without consent, which includes explicit photos and videos shared with the intent to cause emotional distress or harm to the depicted individual. This offense is considered a misdemeanor and can result in criminal penalties including fines and potential jail time. Additionally, the victim of revenge pornography may pursue civil action against the perpetrator for damages. New Mexico's approach to revenge pornography aims to protect individuals' privacy and deter the nonconsensual dissemination of private images. It is important for individuals in New Mexico to understand that sharing explicit material without consent is not only a violation of trust but also a criminal act that can lead to serious legal consequences.