48 States + DC + One Territory NOW have Revenge Porn Laws

Alabama

Distributing a private image. SB301. Code of Alabama 1975 Secs 15-20A-4 to 15-20A-43 amended.

First Offense: Class A misdemeanor, punishable by up to a year in jail.

Subsequent or Aggravated Offense: Class C felony, punishable by up to 10 years in prison.

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception:  Yes

Alaska

Harassment in the Second Degree. Alaska Stat. § 11.61.120.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: Yes.  16+. See other relevant laws for minors.

Public Interest/Concern Exception:  Yes

Arizona

Unlawful distribution of images depicting states of nudity or specific sexual activities. Arizona Revised Statutes, 13-1425

First Offense:  Class 4 felony

Other Offense:  If perpetrator threatens to disclose but does not disclose, Class 1 Misdemeanor

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception:  Yes

Arkansas

Unlawful distribution of sexual images or recordings, Class A misdemeanor Arkansas Code 5-26-314 [effective July 22, 2015]

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Misdemeanor

Limits Protection to Victims based on age: Yes. 18+. See other relevant laws for minors.

Public Interest/Concern Exception: No

California

Disorderly Conduct, Misdemeanor. California Penal Code 647(j)(4)

First Offense: Misdemeanor. Up to six months in jail, fine up to $1,000

Subsequent or Aggravated Offense: Misdemeanor. Up to one year in jail, fine up to $2,000

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception:  Yes

Colorado

Posting a Private Image for Harassment (18-7-107) and Posting a Private Image for Pecuniary Gain (18-7-108). Colorado Revised Statutes 18-7-107 and 18-7-108.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: Yes. 18+

Public Interest/Concern Exception: Yes

Connecticut

An Act Concerning Invasions of Privacy: Unlawful Dissemination of an Intimate Image. Conn. Gen. Stat. § 53a-189c.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: Yes. 18+.

Public Interest/Concern Exception: Yes

Delaware

Violation of Privacy.  § 1335, Title 11, Delaware Code.

First Offense: Class B Misdemeanor

Subsequent or Aggravated Offense: Class G Felony

Limits Protection to Victims Based on Age: No.

Public Interest/Concern Exception: Yes

District of Columbia

Criminalization of Non-Consensual Pornography Act of 2014. D.C. Law 20-275.

Offense: Felony for first degree; misdemeanor for second degree

Limits Protection to Victims Based on Age: No.

Public Interest/Concern Exception: Yes

Florida

Sexual Cyberharassment.  Florida Statute 784.049.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No.

Public Interest/Concern Exception: Yes

Georgia

Invasion of Privacy.  Georgia Code Title 16 Chapter 11 Article 3 Part 1 16-11-90.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: Yes. Limited to an “adult”

Public Interest/Concern Exception: Yes

Guam

Unlawful Distribution of Images.  Public Law No. 33-171.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Hawaii

Violation of Privacy in the First Degree. Hawaii Revised Statutes,§ 711-1110.9.

First/Subsequent/Aggravated Offense Offense: Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Idaho

Video Voyeurism. § 18-6609, Idaho Code.

First/Subsequent/Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Illinois

Non-Consensual Dissemination of Private Sexual Images.  § 11-23.5, Illinois Criminal Code.

First/Subsequent/Aggravated Offense: Felony

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

Indiana

Nonconsensual pornography.  Senate Bill 192 and Senate Bill 243.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Iowa

Harassment or Invasion of Privacy. Aggravated misdemeanor. Section 708.7, Code 2017.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Kansas

Breach of Privacy. Kan. Stat. § 21-6101(a)(8).

First/Subsequent/Aggravated Offense: Felony

Limits Protection to Victims Based on Age: Yes. Separate statutory provisions for victims under the age of 18.

Public Interest/Concern Exception: Yes

Kentucky

Distribution of sexually explicit images without consent. KRS 531.120

First Offense: Class A Misdemeanor

Subsequent or Aggravated Offense: Class D Felony

First Offense if Images are Distributed for Profit or Gain: Class D Felony

Subsequent Offense if Images are Distributed for Profit or Gain: Class C Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Louisiana

Non-Consensual Disclosure of Intimate Image. R.S. 14:283.2.

First/Subsequent/Aggravated Offense: Felony

Limits Protection to Victims Based on Age: Yes.  Age 17+.

Public Interest/Concern Exception: Yes

Maine

Unauthorized Dissemination of Certain Private Images.  Sec. 1. 17-A MRSA 511-A.

First/Subsequent/Aggravated Offense: Misdemeanor.  Class D Crime.

Limits Protection to Victims Based on Age: Yes.  Age 17+.

Public Interest/Concern Exception: Yes

Maryland

Stalking and Harassment. § 3-809, Maryland Code.

First/Subsequent/Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Michigan

Misdemeanor, Sec. 145e. See also Sec. 145f

First/Subsequent/Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

Mississippi

An Act to Criminalize the Disclosure Without Consent of Intimate Visual Material; To Define Terms; To Provide Penalties for the Crime; to Enumerate Certain Defenses; And for Related Purposes. Senate Bill No. 2121.

First Offense: Misdemeanor. Shall be punished by imprisonment in the
county jail not exceeding six (6) months or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.

Aggravated Offense: Felony.  Second or subsequent violation of this section, or any offense under this section committed for financial profit, is a felony and, upon conviction, shall be punished by imprisonment not exceeding one (1) year or by a fine not exceeding Two Thousand
Dollars ($2,000.00), or both.

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Minnesota

Nonconsensual dissemination of private sexual images.  Minn. Stat. § 617.261.

First or Aggravated Offense: Misdemeanor. First offense is felony if causes financial loss, intent to profit, intent to harass, posted to porn site, other factors. Also, conviction for nonconsensual dissemination of private sexual images qualifies as a prior “qualified domestic violence-related offense” that enhances penalties for convictions for domestic assault, 4th & 5th degree assault, stalking, and violation of a harassment restraining order.

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Missouri

Nonconsensual dissemination of private sexual images.  Mo. Rev. Stat. § 573.110 & 573.112

First/Subsequent/Aggravated Offense: Class D felony for dissemination, class E felony for threatening dissemination.

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

Montana

Privacy in Communications.  House Bill 192 related to § 45-8-213

First/Subsequent/Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Nebraska

Knowing and intentional distribution of image or video.  LB 630

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No.

Public Interest/Concern Exception: Yes

Nevada

Unlawful Dissemination of an Intimate Image.  NRS, Chapter 200, §2-6.

First/Subsequent/Aggravated Offense: Category D Felony

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

New Hampshire

Nonconsensual dissemination of private sexual images. N.H. Rev. Stat. § 644:9-a.

First/Subsequent/Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

New Jersey

Invasion of Privacy, Third Degree. § 2C:14-9, New Jersey Code.

First/Subsequent/Aggravated Offense: Fourth Degree Crime or Third Degree Crime

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

New Mexico

Unauthorized Distribution of Sensitive Images. New Mexico Criminal Code.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Fourth Degree Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

New York

Unlawful Dissemination or Publication of an Intimate Image. NY State Senate Bill S1719C

First/Subsequent/Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

North Carolina

Disclosure of private images. General Statutes Section 14-190.5A.

First Offense: Class H felony (Class 1 misdemeanor if under age 18)

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

North Dakota

Distribution of intimate images without or against consent. Section 12.1-17-07.2 of the North Dakota Century Code.

First/Subsequent/Aggravated Offense: Class A Misdemeanor

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

Ohio

Prohibit disseminating private sexual images. HB 497.

First/Subsequent/Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

Oklahoma

Nonconsensual Dissemination of Sexual Images.  Section 1040.13b of Title 21.

First/Subsequent/Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

Oregon

Unlawful Dissemination of an Intimate Image.  ORS 161.005.

First Offense: Class A Misdemeanor

Subsequent or Aggravated Offense: Class C Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Pennsylvania

Unlawful Dissemination of Intimate Image.  Title 18 Pennsylvania Consolidated Statutes § 3131.

First/Subsequent/Aggravated Offense: Second Degree Misdemeanor. First Degree if Person Depicted is a Minor.

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: No

Rhode Island

Unauthorized dissemination of indecent material.” Chapter 11-64-3 of the General Laws

First Offense: Misdemeanor. Felony if material was used to commit extortion.

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

South Dakota

Invasion of Privacy.  Section 4 of Chapter 22-21.

First/Subsequent/Aggravated Offense: Class 1 Misdemeanor, Class 6 Felony if Person Depicted is a Minor and Perpetrator is at least 21 years old.

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: No

Tennessee

Unlawful Exposure. Tenn. Pub. Act ch. 872.

First/Subsequent/Aggravated Offense: Class A Misdemeanor

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: No

Texas

Unlawful Disclosure or Promotion of Intimate Visual Material.  Texas Penal Code 21.16.[Effective September 1, 2015]

First/Subsequent/Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Utah

Distribution of intimate images. § 76-5b-203, Utah Code.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: Yes

Vermont

Unlawful Disclosure of Sexually Explicit Images Without Consent. Sec. 2. 13 V.S.A. § 2606.

First/Subsequent/Aggravated Offense: Misdemeanor

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: Yes

Virginia

Unlawful Dissemination or Sale of Images of Another Person. § 18.2-386.2, Code of Virginia.

First/Subsequent/Aggravated Offense: Class 1 Misdemeanor

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: No

Washington

Wrongful distribution of intimate images. Title 9A RCW.

First Offense: Gross Misdemeanor

Subsequent or Aggravated Offense: Class C Felony

Limits Protection to Victims Based on Age: Yes

Public Interest/Concern Exception: No

West Virginia

Nonconsensual disclosure of private intimate images.  §61-8-28a, Code of West Virginia. Effective July 7, 2017.

First Offense: Misdemeanor

Subsequent or Aggravated Offense: Felony

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: No

Wisconsin

Representations Depicting Nudity. § 942.09, Code of Wisconsin. See also text here.

First/Subsequent/Aggravated Offense: Misdemeanor (Felony if victim is under 18 in the image)

Limits Protection to Victims Based on Age:

Public Interest/Concern Exception: No

Wyoming

Unlawful dissemination of intimate images; definitions; penalties; exemptions from liability. Section 1.  W.S. 6-4-306.

First/Subsequent/Aggravated Offense: Misdemeanor. Punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

Limits Protection to Victims Based on Age: No

Public Interest/Concern Exception: No