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 New Mexico, nonconsensual pornography, also known as 'revenge porn,' is addressed under state law. Specifically, it is illegal to distribute or publish intimate visual material of another person without their consent. This includes any visual depiction of a person who is nude, or engaged in sexual conduct, when the depicted person has a reasonable expectation of privacy. The law applies to various forms of sharing, such as in-person displays, electronic messaging, social media, and website publications. Violation of this law is a fourth-degree felony, which can result in significant legal consequences, including potential jail or prison time. Additionally, New Mexico law allows victims of nonconsensual pornography to pursue civil action for damages against the perpetrator. As for imagery involving minors, the distribution or production of such material falls under child pornography laws, which carry severe state and federal penalties, even if the person distributing or producing the content is also a minor. It is important for individuals to understand that both criminal and civil consequences may arise from engaging in nonconsensual pornography in New Mexico.