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 Utah, revenge pornography is addressed under Utah Code § 76-5b-203, which defines the distribution of intimate images as a criminal offense. This law makes it illegal to distribute a private image of an adult if the person distributing the image knows that the depicted individual has not given consent to the image's distribution. The law applies to various forms of distribution, including in-person sharing, electronic messaging, social media, and website publishing. Depending on the circumstances, the offense can be charged as a misdemeanor or a felony, with penalties that may include fines and imprisonment. Additionally, Utah law allows victims of revenge pornography to seek civil remedies, which may include monetary damages, through civil lawsuits against the perpetrator. It's important for individuals in Utah to understand that both criminal and civil consequences can arise from engaging in the nonconsensual distribution of intimate images.