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 Massachusetts, revenge pornography is addressed under Chapter 272, Section 105 of the General Laws, which makes it a crime 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. This law applies to various forms of distribution, including in-person sharing, electronic messaging, social media, and website publication. Violation of this statute is a misdemeanor offense, punishable by fines and potential imprisonment. Additionally, Massachusetts allows for civil action to be taken by victims of revenge pornography under the same statute, providing them the opportunity to seek monetary damages for the harm suffered. The law reflects the state's commitment to protecting individuals' privacy and addressing the harms caused by nonconsensual pornography.
