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 Iowa, revenge pornography is addressed under Iowa Code Section 709.21, which defines the crime as 'nonconsensual dissemination of private sexual images.' It is illegal to distribute, publish, or disseminate a photo or video that depicts another person who is nude or engaged in a sex act without the person's consent. This applies to situations where the depicted person had a reasonable expectation of privacy and the distribution was done with the intent to harass, intimidate, or injure the depicted person. The offense is considered an aggravated misdemeanor, which can result in fines and imprisonment. Additionally, Iowa law allows victims of revenge pornography to pursue civil action for damages against the perpetrator. This means that individuals who engage in revenge pornography may face both criminal charges and civil lawsuits in Iowa.