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 Texas, revenge pornography is addressed under the state's penal code, specifically under the 'Unlawful Disclosure or Promotion of Intimate Visual Material' statute. This law makes it a criminal offense to disclose or promote intimate visual material of another without their consent and with the intent to cause harm. The intimate material includes any visual material that depicts a person engaged in sexual conduct or with their intimate parts exposed. The offense is considered a state jail felony, which can result in jail time and fines. Additionally, Texas law allows victims of revenge pornography to file a civil lawsuit against the perpetrator for monetary damages. This means that individuals who engage in revenge pornography in Texas may face both criminal prosecution and civil liability.
