Revenge porn, officially known under state laws as the intentional distribution of non-consensual porn, is a form of online harassment. This crime occurs when an ex-partner or a hacker posts sexually explicit images of someone online without their permission. The issue has garnered significant media attention in recent years, particularly involving several celebrities. Whether involving nude pictures on Facebook or other electronic media, posting any type of sexually explicit material in this manner online is a serious criminal matter.
Understanding Revenge Porn
Revenge porn is a type of cyber sexual harassment related to cyberbullying. It is taken very seriously by law enforcement across all states, especially if minors under the age of 18 are involved. As of 2017, 38 states have enacted laws outlawing the distribution of revenge porn, but these laws are continually evolving. To be guilty of revenge porn, the distributor must share videos or pictures that are sexual in nature, such as images showing intimate body parts or sexual acts. Simply posting an unflattering image of an ex-partner in a bathing suit does not meet the legal criteria for revenge porn.
Revenge Porn Laws
Most states have specific laws regarding revenge porn. Generally, these laws define revenge porn as the distribution or publication of electronic or printed material that:
- Shows the genitals, female breast, or anus of another person, or
- Depicts that person engaging in a sexual act.
These actions are typically required to be carried out with the intent to harm the individual personally or financially.
Revenge Porn Punishment
Depending on the state, revenge porn can be classified as either a felony or a misdemeanor. The severity of the charge often depends on factors such as the nature of the images, the extent of distribution, and the intent behind the act.
Revenge Porn Defenses
One of the legal complexities surrounding revenge porn involves the liability of website owners where the illicit images are posted. Website operators often invoke Section 230 of the Communications Decency Act as a defense. This federal law provides immunity to websites for content posted by third parties, suggesting that websites acting merely as conduits for user-generated content should not be held responsible.
However, this immunity is not absolute. If a website or its operators actively participate in the creation or curation of the illicit content, they can lose their immunity. For example, the operator of UGotPosted.com lost this immunity when it was revealed that the same individual ran ChangeMyReputation.com, a site that offered to remove photos for a fee. The court determined that because the site operator curated photos and information, he was considered a content provider and thus not entitled to immunity under Section 230.
Notable Revenge Porn Cases
Revenge Porn Violation Against Ex-House Staffer in Arizona: Arizona State Representative Anthony Kern requested state prosecutors to determine if a former legislative staffer violated state law by sharing sexually explicit images of another representative.
Ohio’s Proposed Revenge Porn Legislation: State Senator Joe Schiavoni introduced a bill to make revenge porn a specific crime under Ohio state law. The proposed law would classify a first violation as a first-degree misdemeanor, punishable by up to six months in jail and a $1,000 fine.
Massive Crackdown in Denmark: In Denmark, more than 1,000 individuals faced charges after an aggressive police crackdown on the non-consensual sharing of images on social media, including Facebook. The crackdown involved the dissemination of sexually explicit images of 15-year-olds via Facebook Messenger.
Florida Man’s Revenge Porn Retaliation: In Florida, Giuseppe Garibaldi, 30, was arrested for sending sexually explicit photos of a woman he met online to her employer after she declined to go out with him. The Seminole County Sheriff’s Office reported that Garibaldi had taken the pictures without her knowledge during sexual activity and then sent them to her boss weeks later.
Hunter Moore and IsAnyoneUp.com: Hunter Moore, known as the “most hated man on the internet,” operated the notorious revenge porn website IsAnyoneUp.com. Moore posted explicit photos submitted without consent, often accompanied by personal information. He was eventually convicted and sentenced to prison for his role in facilitating the distribution of non-consensual porn.
California Teacher’s Ordeal: In California, a middle school teacher won a landmark case against her ex-boyfriend, who had posted explicit videos of her online without her consent. The case set a significant precedent in the fight against revenge porn, demonstrating that victims can successfully seek justice and damages for the non-consensual distribution of intimate images.
These cases underscore the serious nature of revenge porn and highlight the ongoing efforts by law enforcement and lawmakers to address and combat this pervasive form of online harassment.
Revenge Porn Laws By State
Revenge porn involves the distribution of sexually explicit images or videos of individuals without their consent, typically with the intent to cause harm or distress. The laws and penalties for revenge porn vary by state:
Under Code of Alabama Section 13A-6-240:
- Revenge porn is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $6,000.
Under Alaska Stat. Section 11.61.120:
- Revenge porn is a Class A misdemeanor, with penalties including up to 1 year in prison and fines up to $25,000.
Under Arizona Revised Statutes Section 13-1425:
- Revenge porn is a Class 5 felony, punishable by up to 2.5 years in prison.
Under Arkansas Code Section 5-26-314:
- Revenge porn is considered a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $2,500.
Under California Penal Code Section 647(j)(4):
- Revenge porn is a misdemeanor, with penalties including up to 6 months in jail and fines up to $1,000.
Under Colorado Revised Statutes Section 18-7-107:
- Revenge porn is a Class 1 misdemeanor, punishable by up to 18 months in jail and fines up to $10,000.
Under Connecticut General Statutes Section 53a-189c:
- Revenge porn is considered a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $2,000.
Under Delaware Code Title 11, Section 1335:
- Revenge porn is a Class A misdemeanor, with a potential sentence of up to 1 year in jail and fines up to $2,300.
Under Florida Statutes Section 784.049:
- Revenge porn is a first-degree misdemeanor, punishable by up to 1 year in jail and fines up to $1,000.
Under Georgia Code Section 16-11-90:
- Revenge porn is a misdemeanor of a high and aggravated nature, punishable by up to 12 months in jail and fines up to $5,000.
Under Hawaii Revised Statutes Section 711-1110.9:
- Revenge porn is a misdemeanor, which includes a potential 1-year jail sentence and fines up to $2,000.
Under Idaho Code Section 18-6609:
- Revenge porn is a misdemeanor, punishable by up to 6 months in jail and fines up to $1,000.
Under Illinois Compiled Statutes 720 ILCS 5/11-23.5:
- Revenge porn is a Class 4 felony, with penalties of 1 to 3 years in prison and fines up to $25,000.
Under Indiana Code Section 35-45-4-8:
- Revenge porn is a Level 6 felony, punishable by 6 months to 2.5 years in prison and fines up to $10,000.
Under Iowa Code Section 709.21:
- Revenge porn is an aggravated misdemeanor, punishable by up to 2 years in jail and fines up to $6,250.
Under Kansas Statutes Section 21-6101:
- Revenge porn is a severity level 8, nonperson felony, which could result in up to 11 months in jail and fines up to $100,000.
Under Kentucky Revised Statutes Section 531.120:
- Revenge porn is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $500.
Under Louisiana Revised Statutes Section 14:283.2:
- Revenge porn is a felony, punishable by up to 2 years in prison and fines up to $10,000.
Under Maine Revised Statutes Title 17-A, Section 511-A:
- Revenge porn is a Class D crime, punishable by up to 1 year in jail and fines up to $2,000.
Under Maryland Code, Criminal Law Section 3-809:
- Revenge porn is a misdemeanor, punishable by up to 2 years in jail and fines up to $5,000.
Under Massachusetts General Laws Chapter 272, Section 105:
- Revenge porn is punishable by up to 2.5 years in jail and fines up to $10,000.
Under Michigan Compiled Laws Section 750.145e:
- Revenge porn is a misdemeanor, with a maximum penalty of 93 days in jail and fines up to $500.
Under Minnesota Statutes Section 617.261:
- Revenge porn is a gross misdemeanor, punishable by up to 1 year in jail and fines up to $3,000.
Under Mississippi Code Section 97-29-63:
- Revenge porn is a felony, punishable by up to 5 years in prison and fines up to $10,000.
Under Missouri Revised Statutes Section 573.110:
- Revenge porn is a Class D felony, punishable by up to 7 years in prison and fines up to $10,000.
Under Montana Code Annotated Section 45-8-213:
- Revenge porn is punishable by up to 5 years in prison and fines up to $10,000.
Under Nebraska Revised Statutes Section 28-311.08:
- Revenge porn is a Class I misdemeanor, with a penalty of up to 1 year in jail and fines up to $1,000.
Under Nevada Revised Statutes Section 200.780:
- Revenge porn is a gross misdemeanor, punishable by up to 364 days in jail and fines up to $2,000.
Under New Hampshire Revised Statutes Section 644:9-a:
- Revenge porn is a Class B felony, punishable by up to 7 years in prison and fines up to $4,000.
Under New Jersey Statutes Section 2C:14-9:
- Revenge porn is considered a third-degree crime, with a typical sentence range of 3 to 5 years in prison and fines up to $15,000.
Under New Mexico Statutes Section 30-37A-1:
- Revenge porn is a fourth-degree felony, punishable by up to 18 months in prison and fines up to $5,000.
Under New York Penal Law Section 245.15:
- Revenge porn is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $1,000.
Under North Carolina General Statutes Section 14-190.5A:
- Revenge porn is a Class H felony, punishable by up to 25 months in prison.
Under North Dakota Century Code Section 12.1-17-07.2:
- Revenge porn is a Class A misdemeanor, with a penalty of up to 1 year in jail and fines up to $3,000.
Under Ohio Revised Code Section 2917.211:
- Revenge porn is a first-degree misdemeanor, with penalties including up to 180 days in jail and fines up to $1,000.
Under Oklahoma Statutes Title 21, Section 1040.13b:
- Revenge porn is punishable by up to 1 year in jail and fines up to $1,000.
Under Oregon Revised Statutes Section 163.472:
- Revenge porn is a Class A misdemeanor, which can result in up to 1 year in jail and fines up to $6,250.
Under Pennsylvania Consolidated Statutes Title 18, Section 3131:
- Revenge porn is a first-degree misdemeanor, with penalties including a maximum of 5 years in prison and fines up to $10,000.
Under Rhode Island General Laws Section 11-64-2:
- Revenge porn can result in up to 3 years in prison and fines up to $5,000.
Under South Carolina Code Section 16-17-470:
- Revenge porn is punishable by up to 3 years in prison and fines up to $1,000.
Under South Dakota Codified Laws Section 22-21-4:
- Revenge porn is a Class 1 misdemeanor, punishable by up to 1 year in jail and fines up to $2,000.
Under Tennessee Code Annotated Section 39-17-318:
- Revenge porn is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and fines up to $2,500.
Under Texas Penal Code Section 21.16:
- Revenge porn is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $4,000.
Under Utah Code Section 76-5b-203:
- Revenge porn is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $2,500.
Under Vermont Statutes Title 13, Section 2606:
- Revenge porn is punishable by up to 2 years in prison and fines up to $2,000.
Under Virginia Code Section 18.2-386.2:
- Revenge porn is a Class 1 misdemeanor, punishable by up to 1 year in jail and fines up to $2,500.
Under Revised Code of Washington Section 9A.86.010:
- Revenge porn is a gross misdemeanor, punishable by up to 364 days in jail and fines up to $5,000.
Under West Virginia Code Section 61-8-28a:
- Revenge porn is a misdemeanor, punishable by up to 1 year in jail and fines up to $5,000.
Under Wisconsin Statutes Section 942.09:
- Revenge porn is a Class I felony, punishable by up to 3.5 years in prison and fines up to $10,000.
Under Wyoming Statutes Section 6-4-303:
- Revenge porn is a misdemeanor, punishable by up to 6 months in jail and fines up to $750.
References
- Revenge Porn Laws By State. (n.d.). Retrieved from http://criminal.findlaw.com/criminal-charges/revenge-porn-laws-by-state.html
- Revenge Porn Laws. (2017). Retreived from http://fortune.com/2017/11/28/revenge-porn-law/