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 Vermont, revenge pornography is addressed under Vermont Statutes Annotated, Title 13, Section 2606, which defines and criminalizes the disclosure of sexually explicit images without consent. This law makes it illegal to disclose a visual image of an identifiable person who is nude or engaged in sexual conduct, without the person's consent, and with the intent to harass, intimidate, threaten, or coerce the person depicted. The law applies to various forms of distribution, including in-person sharing, electronic messaging, and posting on social media or websites. Violation of this statute is considered a misdemeanor offense, which can result in fines and imprisonment. Additionally, victims of revenge pornography in Vermont may pursue civil remedies to seek monetary damages for the harm they have suffered. The state's approach to revenge pornography reflects a balance between criminal sanctions to deter such behavior and civil remedies to compensate victims.