What is Revenge Porn? Legal Definition and Remedies

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. These videos or photos may have been consensual at the time they were taken, but once they are posted without one party’s permission, liability can ensue.

Is Revenge Porn a Real Issue?

It actually is a bigger issue than most people think. With the advancement of technology, the world has become a much smaller place. The internet serves as one of the fastest and easiest ways to disseminate information. In the case of revenge porn, the information that is disseminated is an invasion of another person’s privacy.

Revenge Porn Laws

It may be shocking to know that historically, in many states it was not against the law to post people’s photos or personal information without their permission. Many people assumed that laws regarding invasion of privacy, violation of right of publicity, or defamation would provide protection in a revenge porn scenario. However, revenge porn is unique because it is not a false portrayal and in most cases there are no commercial purposes for the posting.

The legal landscape has shifted significantly since 2016 when the original version of this post was written. As of 2024, 48 states, the District of Columbia, and several U.S. territories have enacted specific revenge porn statutes criminalizing the non-consensual disclosure of intimate images. The specific elements of each law vary by state, but most require proof that: (1) the defendant distributed or published the image; (2) the image depicts the victim in a sexually explicit manner; (3) the victim had a reasonable expectation of privacy; and (4) the defendant acted intentionally or knowingly.

Michigan’s Law on Non-Consensual Intimate Images

Michigan enacted its non-consensual pornography statute in 2016 as part of MCL 750.145e. The statute makes it a crime to distribute an intimate image of another person without consent when the image was taken or shared under circumstances in which the person depicted had a reasonable expectation that the image would remain private. Violations are punishable as a misdemeanor for a first offense, carrying a fine of up to $500 and up to 93 days in jail. A second or subsequent offense is a felony.

Importantly, Michigan law also provides a civil cause of action: a victim can bring a civil lawsuit against the person who disclosed the image and seek damages, injunctive relief, attorney’s fees, and costs.

Federal Law: The SHIELD Act

In 2022, Congress enacted the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act as part of the Violence Against Women Act reauthorization, creating a federal criminal prohibition on non-consensual disclosure of intimate visual depictions. The federal law makes it a crime to knowingly disclose intimate visual depictions of an identifiable person without consent with intent to harm that person or with reckless disregard for the likelihood of harm. First offenses carry a maximum sentence of two years; offenses involving minors or involving the distribution to the depicted person’s employer, family, or emergency contacts face enhanced penalties of up to five years.

The federal statute also creates civil liability, allowing victims to bring private suits and recover damages, injunctive relief, and attorney’s fees. This is significant because it provides a federal venue regardless of whether the state where the victim resides has enacted strong state-level remedies.

Civil Remedies Beyond Criminal Prosecution

Criminal charges require a prosecutor to act — the victim cannot initiate a criminal case. Civil remedies are within the victim’s own control. Beyond the statutory civil actions described above, victims of revenge porn may have claims under:

• Invasion of Privacy (Public Disclosure of Private Facts): A claim that requires proving the disclosure of private information to the public when that disclosure would be highly offensive to a reasonable person and is not of legitimate public concern. Explicit photographs clearly satisfy the “highly offensive” element.
• Intentional Infliction of Emotional Distress (IIED): A claim based on extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress. Courts have found revenge porn to satisfy the outrageousness element in multiple cases.
• Copyright Infringement: If the victim took the photographs herself, she owns the copyright in them. In Doe v. Gangemi and similar cases, victims have used copyright infringement claims to obtain takedown orders and damages. The DMCA’s notice-and-takedown procedure under 17 U.S.C. § 512 can compel platforms to remove infringing content.
• Breach of Contract: If the images were shared pursuant to an explicit or implicit agreement that they would remain private, disclosure may constitute a breach of that agreement.

Forcing Removal: DMCA Takedowns and Platform Reporting

Getting content removed from the internet is often the victim’s most urgent priority. The primary tools for content removal are:

• DMCA Takedown Notices: If the victim owns the copyright in the image (for example, because she took the photograph herself), a DMCA notice to the hosting platform under 17 U.S.C. § 512(c) can compel removal within days. The platform must remove the content promptly to maintain its safe harbor immunity.
• Platform Reporting: Major social media platforms and search engines have dedicated reporting mechanisms for non-consensual intimate imagery. Google and Bing both allow victims to request removal of intimate images from search results. Facebook, Instagram, TikTok, and most other platforms have policies prohibiting revenge porn and will act on reports.
• Court Orders: A civil lawsuit can result in a temporary restraining order or preliminary injunction compelling removal while the case is pending. Courts have been willing to grant emergency injunctive relief in revenge porn cases where the harm is ongoing and irreparable.

Contact Revision Legal If You Are a Victim of Revenge Porn

If you are a victim of non-consensual intimate image disclosure, you have legal options. An internet attorney can help you pursue content removal, assess your civil claims, and coordinate with law enforcement on criminal referrals. Acting quickly is important — the longer content remains online, the more widely it may spread. Contact Revision Legal at 855-473-8474 or complete the contact form on this page to speak with an attorney.