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 Virginia, revenge pornography is addressed under the state's criminal statutes. Specifically, Virginia Code § 18.2-386.2 makes it illegal to disseminate or sell any videographic or still image created by any means whatsoever that depicts another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image. This law applies when the depicted person does not consent to the dissemination and had a reasonable expectation of privacy. The offense is classified as a Class 1 misdemeanor, which can result in up to 12 months in jail and/or a fine of up to $2,500. However, if the perpetrator distributes the image with the intent to coerce, harass, or intimidate the depicted person, and if they have been convicted previously of the same offense, it becomes a Class 6 felony, which can lead to one to five years in prison or, at the discretion of the court or jury, up to 12 months in jail and/or a fine of up to $2,500. Additionally, Virginia allows for civil liability where victims can sue for damages, including punitive damages, attorney's fees, and injunctive relief to prevent further dissemination of the images.