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 Wyoming, revenge pornography is addressed under Wyoming Statutes § 6-4-304, which defines and criminalizes the unauthorized sharing of intimate images. This law makes it illegal to disclose private images without the consent of the person(s) depicted when the person sharing the images knows or should have known that the depicted person expected the images to remain private. The act of sharing such images is considered a misdemeanor offense, which can lead to criminal penalties including fines and potential jail time. Additionally, the state allows for civil remedies, meaning that victims of revenge pornography can sue the perpetrator for damages. The severity of the punishment can vary based on the circumstances of the case, such as the intent of the distributor and the harm caused to the victim. It's important for individuals in Wyoming to understand that both criminal and civil consequences can arise from engaging in the nonconsensual distribution of intimate images.