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 Massachusetts, nonconsensual pornography, often referred to as 'revenge porn,' is addressed under Chapter 272, Section 105 of the Massachusetts General Laws. This law makes it a criminal offense to disseminate a visual image of another person who is nude or engaged in sexual conduct without their consent when the person depicted had a reasonable expectation of privacy. The law applies to various forms of sharing, including in-person, electronic messaging, social media, and website publication. Violation of this statute can result in misdemeanor or felony charges, with penalties including fines and imprisonment. Additionally, Massachusetts law allows victims of nonconsensual pornography to pursue civil action for damages. Regarding minors, any sexual imagery of individuals under the age of 18 is considered child pornography, and creating, distributing, or possessing such material is a serious offense under both state and federal law. This applies even if the person distributing the imagery is a minor. The consequences for child pornography charges can be severe, including lengthy prison sentences and mandatory registration as a sex offender.
