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 Nevada, revenge pornography is addressed under Nevada Revised Statutes (NRS) 200.780 - 200.790, which make it illegal to distribute or publish intimate images of a person without their consent. This is known as 'unlawful dissemination of an intimate image.' Under these statutes, a person who distributes such images with the intent to harm, harass, intimidate, threaten, or coerce the depicted person commits a crime. The offense is typically treated as a misdemeanor for a first offense, but can escalate to a category D felony for subsequent offenses or if certain aggravating factors are present, such as the intent to profit from the distribution of the images. Conviction can result in penalties including fines and imprisonment. Additionally, Nevada law allows victims of revenge pornography to file a civil lawsuit against the perpetrator for damages, which can include emotional distress, economic loss, and punitive damages. It's important for individuals in Nevada to understand that both criminal and civil consequences can arise from engaging in the nonconsensual distribution of intimate images.