Why Isn't Revenge Porn a Crime?

Revenge Porn is a crime if any one of the following applies to your situation:

1) You were 17 years-old or younger when the photos were taken.

2) You did not consent to the taking of the photos.

3) You were not aware that the photos were being taken.

4) The perpetrator hacked into your phone or computer or other personal property and stole the photos.

5) You already have a restraining order on the perpetrator.*

6) You live in New Jersey! (Yes, New Jersey has made it a crime!)

*This is applicable in some states; I don't know if it's applicable in all states.

If one of the above scenarios applies to you, file a report with the police. If one of the above scenarios does not apply to you, it is illegal, but it is not a crime. In other words, the police can't do anything about it, but if you have the money, you can file a civil lawsuit. Depending upon their situations, victims have sued for such claims as copyright infringement, invasion of privacy, defamation, and/or intentional infliction of emotional distress. For more information on filing a lawsuit, consult with an attorney. 

Before I go on, please know the website owner of the Revenge Porn site has a lot of protection from Section 230 of the Communications Decency Act, a federal law. In a nutshell, this means that he is not responsible for content that is submitted on his site by third parties. There are exceptions, but I am going to leave that to an attorney to explain. Right now, I am focusing on the the perpetrator who personally uploaded your photos to the website. (Note: there are some women whose photos were stolen through hacking of a social media account. If this is you, the "Helpful Hints for Photo Removal" still applies to you. You don't have to know who posted your photos in order to get them removed.)

Right now, Revenge Porn is not a crime because of 3 loopholes in state criminal laws that prevent unauthorized publication of intimate photos from being categorized as harassment:

1) The “Directed at” Loophole

This loophole reveals itself through the phrases “directed at,” “directed toward,” “communicates,” “contact,” and “target.”

In other words: The perpetrator must communicate with you, contact you, or say/do something directed at you in order to be guilty of harassment.

What Law Enforcement Says: The perpetrator is not communicating with you or contacting you. He is publishing photos of you. Thus, it is not harassment.

 2) The “Repeated Acts” Loophole

This loophole reveals itself through the phrases “series of acts,” “repeated acts,” “more than two times,” or “pattern of conduct.”

In other words: The perpetrator’s act of harassment must happen at least two times.

What Law Enforcement Says: The perpetrator's act of publication just happens one time.  Thus, it is not harassment.

 3)  The “Fear of Bodily Harm/Fear for Her Safety” Loophole

This loophole reveals itself through the words “threat of bodily harm,” “fear of injury,” and “fear for her safety.”

In other words: The victim must fear for her safety or be afraid of bodily harm as a result of the perpetrator’s action.

What Law Enforcement Says: The perpetrator is not saying or doing anything to threaten your physical safety. Thus, it is not harassment.

Even if a state’s law just includes one of the loopholes above, then the publication of your photos is not considered harassment.

Is there a solution?  

Yes. Amending or enacting state laws that punish the perpetrators is the solution. It is 100% possible. How do we know this? Because New Jersey has done it. They have made a law that makes it illegal for perpetrators to post unauthorized intimate photos of women. It is a third degree criminal offense, which means that the perpetrator can be sentenced to 3-5 years in prison and can be fined up to $15,000.  It is the following:

New Jersey's Stat. Ann. 2C:14-9:

An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure. For purposes of this subsection, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.

So, how do we amend or enact current state and federal legislation? 

We petition our state and federal lawmakers. Click here to sign the petitions.