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 Texas, nonconsensual pornography, often referred to as 'revenge porn,' is a criminal offense under the Texas Penal Code. The state law specifically addresses the unlawful disclosure or promotion of intimate visual material. Under Texas law, it is illegal to disclose or promote a photograph, film, or video of another person with their intimate parts exposed or engaged in sexual conduct without their consent, and when the person has a reasonable expectation that the images would remain private. This offense is typically classified as a state jail felony, which can result in jail time and fines. Additionally, Texas law allows victims of nonconsensual pornography to file a civil lawsuit against the perpetrator for monetary damages. Sharing intimate or sexual photographs and videos of minors is also a serious crime under both state and federal law, and can lead to charges of producing or distributing child pornography, regardless of the age of the person sharing the content. These offenses carry severe penalties, including potential imprisonment and registration as a sex offender.
