Nonconsensual pornography or sharing of intimate or sexual photos and videos without the consent of the person in the photos 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 nonconsensual pornography 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.
Taking and sharing intimate or sexual photographs and video of minors (usually under 18 years of age) can also result in serious state and federal criminal child pornography charges—for producing child pornography and for distributing child pornography. This may be the case even if the person who took or produced the photographs or videos or shared them with others is a minor—including a boyfriend or girlfriend of the person in the photographs.
Nonconsensual 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.
Nonconsensual 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 nonconsensual 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 Iowa, nonconsensual pornography, often referred to as 'revenge porn,' is addressed under Iowa Code Section 709.21, which makes it a crime to disseminate, publish, distribute, or sell a photograph or film of another person in a state of full or partial nudity, or engaged in a sex act, without the consent of the person depicted, when the depicted person had a reasonable expectation of privacy. This offense is classified as an aggravated misdemeanor, which can result in fines and imprisonment. Additionally, if the individual in the images or videos is a minor, the offender can be charged with child pornography offenses, which carry severe penalties under both state and federal law. These charges can apply even if the person sharing the images is also a minor. Beyond criminal penalties, victims of nonconsensual pornography in Iowa may also have the right to pursue civil action for damages against the perpetrator. It's important to note that laws are subject to change, and an attorney can provide the most current legal advice and representation in such matters.