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 New Mexico, revenge pornography is addressed under the state's criminal statutes. Specifically, New Mexico law criminalizes the distribution of sensitive images without consent through the 'Unauthorized Distribution of Sensitive Images' statute, NMSA 1978, Section 30-37A-1. This law makes it illegal to distribute or publish intimate visual material of another person without their consent with the intent to harm that person, cause them emotional distress, or for personal gain. Violation of this statute is a misdemeanor offense, but it can be elevated to a fourth-degree felony if the offender distributes the material with the intent to gain financially or if the victim is a minor. Additionally, victims of revenge pornography in New Mexico may seek civil remedies, including monetary damages, against the perpetrator for the unauthorized distribution of intimate visual material.