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 Pennsylvania, revenge pornography is addressed under the state's criminal statutes, specifically under 18 Pa.C.S. § 3131, titled 'Unlawful Dissemination of Intimate Image.' This law makes it a criminal offense to distribute a photo or video of another person in a state of nudity or engaged in sexual activity without their consent, with the intent to harass, annoy, or alarm the person depicted. The offense is generally graded as a misdemeanor of the second degree, but can be a misdemeanor of the first degree if the victim is a minor. Conviction can result in fines and imprisonment. Additionally, Pennsylvania allows victims of revenge porn to file a civil lawsuit for damages against the perpetrator under 42 Pa.C.S. § 8316, known as the 'Civil Action for Unlawful Dissemination of Intimate Image.' This provides a legal avenue for victims to seek financial compensation for the harm they have suffered due to the nonconsensual distribution of their private images.