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Revenge Porn Laws

by John DiGiacomo

Partner

Revenge porn is the posting of explicit photos or videos of another person without his or her permission, commonly by exes or a significant other. Currently there are 27 states that criminalize revenge porn. These states include Alaska, Arizona, Arkansas, California, Colorado, D.C., Delaware, Florida, Georgia, Hawaii, Idaho, Louisiana, Maine, Maryland, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Pennsylvania, Texas, Utah, Vermont, Virginia, Washington, and Wisconsin.

How to find Revenge Porn Laws?

The term “revenge porn” is not found in the laws of most states. Some states have assimilated the charge into other, more commonly known offenses, such as harassment (Alaska), invasion of privacy (Georgia), or disorderly conduct (California). Other states have an independent offense, like unlawful dissemination of an intimate image (Oregon, Nevada, and Pennsylvania), disclosure of private images (North Carolina), or distribution of intimate images (Utah). Revenge porn laws for each state that has specific legislation on it can be found here.

Sexuality is a common part of media, television, and movies. The advancement of technology, especially mobile and wearable technology, is creating new problems that the law hasn’t addressed yet. Much of the law is behind on addressing crimes of cyber bullying, sexting and revenge porn. However, lawmakers are starting to recognize and address these problems. In 2015, it was reported that there was a bill in Congress addressing revenge porn. It is likely that enactment of a federal law criminalizing revenge porn is on the horizon, but at the moment the decision is in the hands of the States. A summary of sexting and revenge porn policies, laws, and penalties by state can be reviewed here.

Even though almost half of U.S. states do not currently have specific revenge porn laws, there may be other means to charge an offender. If someone has posted explicit pictures or videos of you on the internet without your permission, you may be a victim of revenge porn. It is important to consult with an attorney to find out what can be done in your state. To find out more information or if your state has revenge porn laws please contact Revision Legal’s internet attorneys or call 855-473- 8474.

 

Image courtesy of Flickr user Chrishna.

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