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 Ohio, revenge pornography is addressed under Ohio Revised Code Section 2917.211, which makes it illegal to knowingly distribute a private sexual image of another individual without their consent if the person depicted had a reasonable expectation of privacy. This is considered 'Illegal Use of Minor in Nudity-Oriented Material or Performance' when it involves minors. The offense is typically a misdemeanor of the first degree, but it can escalate to a felony under certain circumstances, such as when the perpetrator has previously been convicted of a similar offense or if the victim is a minor. Penalties can include fines, imprisonment, or both. Additionally, victims of revenge pornography in Ohio may pursue civil action to seek damages for any harm they have suffered as a result of the nonconsensual dissemination of their private images.
