Is Revenge Porn a Crime?

Popularly known as “revenge porn,” the act of sharing pornographic images or videos of another individual without their consent is illegal in New York. This includes images or video filmed without the individual’s consent and images obtained with the consent of the depicted person but shared without their consent.

For instance, if two consenting adults filmed an intimate moment between them but one of them later shared that video without the other person’s consent, then that is considered revenge porn and the act would be considered a crime.

New York Revenge Porn Laws

According to New York Penal Code 245.15, a person guilty of “unlawful dissemination or publication of an intimate image” is considered a Class A misdemeanor, which is punishable by up to 1 year in jail and a fine of up to $1000 or double what a defendant gained from the crime.

Under this statute, the person accused of the crime must have intended to cause harm to the other person by sharing the intimate image. The other person depicted in the image must have had a reasonable expectation that the image would remain private. The image must depict:

• An unclothed or exposed intimate part of the other person
• The other person engaging in sexual conduct with another person

Revenge porn is also a crime under the New York Civil Rights Code 52-B. This means that the person sharing the nonconsensual pornographic images can be held liable under civil law as well as criminal law. If a person is held liable for revenge porn in civil court, a jury can award the victim injunctive relief, exemplary damages, compensatory damages, reasonable court costs, and attorney’s fees. A civil lawsuit can be filed whether or not a criminal conviction – or even an arrest – has occurred.

If you have been accused of a crime like revenge porn, you need to contact a criminal defense attorney as soon as possible. At Collins Gann McCloskey & Barry PLLC, our experienced lawyers are prepared to defend your rights and work for the best possible outcome no matter what legal issue you may be facing.

Contact us online or call us at (516) 218-5131 to schedule a consultation.