Fighting Back Gets A Little Easier With Revenge Porn Laws

Among the wide variety of nefarious cyber deeds, say computer crimes lawyers, non-consensual pornography (NCP) or “revenge porn” ranks among the worst. Some 1-in-25 Americans have been a victim of this heinous act, as recently as this 2016 report details, and now, many states are giving those victims the tools they need to fight back. Many states have passed laws prohibiting the production and distribution of NCP; this quick guide will provide an overview of this cyber crime and how different states have addressed it.

What Is Revenge Porn?

Non-consensual pornography (is a term applied to any graphic sexual images or video of an individual, that is produced or distributed without that person’s content. Revenge porn falls under this umbrella, but it is unique in the fact that it is carried out in the context of an intimate relationship. A common scenario is that such media content is distributed following a break up—hence the name revenge porn—and it accounts for about 80% of all NCP.

While this may seem inconsequential to some, the truth is that revenge porn can have severe implications, particularly where mental health is concerned. According to the Journal of the American Academy of Psychiatry and the Law, between 80% and 93% of NCP victims suffer from emotional distress, which can manifest in many ways:

“The distress includes anger, guilt, paranoia, depression, or even suicide. There may also be deterioration in personal relationships and feelings of isolation. Many of the long-term negative consequences of revenge pornography are similar to those seen in victims of child pornography.”

And this problem continues to grow. Since that aforementioned 2016 report on NCP, several other studies have been undertaken, with one of the most recent (in 2019) suggesting there had been a 400% increase in NCP victims compared to the 2016 report. This is troubling news, so, what are some states doing to stem the tide of this growing menace?

Examples of Revenge Porn Laws

According to the Cyber Civil Rights Initiative (CCPI), 48 states, the District of Columbia, and two US territories have laws against NCP. The exact nature of these laws does vary. In California, for example, NCP is a misdemeanor offense that carries up to six months in jail and a fine of up to $1,000 (or up to 1 year in jail and $2,000 fine for a subsequent offense). Meanwhile, in Florida, a first NCP offense may be classified as a misdemeanor, but a subsequent offense would be deemed a felony.

It’s an evolving situation when it comes to how states mete out punishment for NCP and revenge porn, and that’s not even getting into the situation at the federal level, where a law against revenge porn is still a matter up for debate. Ideally, though, now that those 48 states (plus DC, Guam, and Puerto Rico) have put laws on the books, it will help further the national conversation and pave the way for victims of NCP to seek justice through the courts.