If someone shares intimate images or video of you without your permission, non-consensual intimate imagery laws now give you three main tools: a federal lawsuit worth up to $150,000, federal and state criminal charges against the person who posted the content, and a 48-hour removal demand you can send to the platform hosting it. All 50 states and Washington, D.C. criminalize this conduct, and since 2025 it is also a federal crime under the TAKE IT DOWN Act.
The Federal Civil Lawsuit: Up to $150,000
Under 15 U.S.C. § 6851, created when the Violence Against Women Act was reauthorized in 2022, you can sue anyone who disclosed your intimate imagery without consent.1Federal Register. The Violence Against Women Act Reauthorization Act of 2022 Overview of Applicability to HUD Programs The statute covers images showing nudity or sexual conduct where you are identifiable by your face, likeness, or another distinguishing feature.2Office of the Law Revision Counsel. 15 USC 6851 Civil Action Relating to Disclosure of Intimate Images
To win, you need to show that the defendant disclosed the imagery and either knew you had not consented or recklessly ignored that fact. The law is explicit on two points that defendants often try to blur: letting someone take a photo is not consent to share it, and sharing a photo with one person is not consent for that person (or anyone else) to pass it along.2Office of the Law Revision Counsel. 15 USC 6851 Civil Action Relating to Disclosure of Intimate Images
A successful plaintiff recovers either actual damages or liquidated damages of $150,000, plus reasonable attorney fees and litigation costs.2Office of the Law Revision Counsel. 15 USC 6851 Civil Action Relating to Disclosure of Intimate Images Courts can also issue temporary restraining orders or permanent injunctions ordering the defendant to stop displaying or sharing the content. A judge may let you proceed under a pseudonym so the lawsuit itself does not amplify the exposure.3Justia. 15 USC 6851 Civil Action Relating to Disclosure of Intimate Images
Federal Criminal Charges Under the TAKE IT DOWN Act
Before 2025, there was no federal crime specifically targeting this conduct. The TAKE IT DOWN Act, signed that year, made it a federal crime to publish intimate visual depictions of a person without consent when the publication is intended to cause harm or actually causes harm.4Congress.gov. S.146 TAKE IT DOWN Act 119th Congress 2025-2026 The law covers both real images and computer-generated ones, so AI deepfakes are included.
Penalties include fines and up to two years in prison when the victim is an adult, and up to three years when the victim is a minor.5GovInfo. TAKE IT DOWN Act Public Law 119-12 Courts must also order restitution. The same law separately criminalizes threatening to publish intimate imagery, which reaches sextortion cases where someone uses the threat of release as leverage.4Congress.gov. S.146 TAKE IT DOWN Act 119th Congress 2025-2026
The 48-Hour Platform Removal Rule
The TAKE IT DOWN Act also puts obligations on the websites and apps where this content gets posted. Any online service that primarily hosts user-generated content must build a formal notice-and-removal process by May 19, 2026. Once a victim submits a written request identifying the content and stating a good-faith belief that it was published without consent, the platform must remove the imagery within 48 hours and make reasonable efforts to find and remove identical copies.6Congress.gov. The TAKE IT DOWN Act A Federal Law Prohibiting Nonconsensual Intimate Images
The Federal Trade Commission enforces this requirement. A platform that fails to reasonably comply is treated as having committed an unfair or deceptive trade practice under the FTC Act, and the FTC’s authority here reaches nonprofits that run covered platforms.6Congress.gov. The TAKE IT DOWN Act A Federal Law Prohibiting Nonconsensual Intimate Images
State Laws
Every state and Washington, D.C. criminalizes the distribution of non-consensual intimate imagery.7Ballotpedia. Nonconsensual Pornography Revenge Porn Laws in the United States South Carolina was the last state to enact one, in May 2025. Specifics vary, but most state statutes require proof that the person who shared the content knew or should have known the victim did not consent, and that the distribution caused or was intended to cause emotional distress, harassment, or reputational harm.
Charges range from misdemeanors to felonies. Aggravating factors such as distributing images of a minor, profiting from the distribution, or repeat offenses generally push the conduct into felony territory with longer prison sentences and higher fines. A handful of states require sex offender registration for certain aggravated offenses.
Many states also provide their own civil claim separate from the federal remedy. These usually allow compensatory damages, sometimes punitive damages for especially egregious conduct, and often attorney fees. Courts can order the defendant to destroy all copies and stop any further distribution.
Deepfakes and AI-Generated Images
The TAKE IT DOWN Act expressly covers computer-generated depictions, so publishing an AI-generated intimate image of an identifiable person without consent is a federal crime on the same terms as a real photo.4Congress.gov. S.146 TAKE IT DOWN Act 119th Congress 2025-2026 That resolves a gap in earlier laws, which focused on images actually taken of a person.
States are also expanding their statutes to reach digitally altered or AI-generated content, often by covering any visual depiction that a reasonable person would believe is authentic regardless of whether it shows real events. California, Idaho, and Utah have enacted such expansions, with other states moving in the same direction.
On the federal civil side, the DEFIANCE Act would create a dedicated civil remedy for deepfake victims with liquidated damages between $150,000 and $250,000. It passed the Senate unanimously in January 2026 but had not been enacted as of that date. In the meantime, the existing civil remedy under 15 U.S.C. § 6851 can reach deepfake imagery when the victim is identifiable, though that statute was drafted before current AI tools were widely available.
What to Do If Your Images Have Been Shared
Before you ask anyone to remove the content, document it. Take screenshots that capture the URL, the account that posted it, timestamps, and any accompanying text. Once content comes down, you lose the ability to preserve this evidence, and you will need it for platform reports and any legal action.
Report to the Platform
Most major platforms have a reporting channel specifically for intimate image abuse, separate from general content moderation. Thanks to the TAKE IT DOWN Act, platforms that host user-generated content must remove reported imagery within 48 hours of a valid written request.6Congress.gov. The TAKE IT DOWN Act A Federal Law Prohibiting Nonconsensual Intimate Images Your request should identify the content with enough detail for the platform to find it, state your good-faith belief that it was posted without your consent, and include your contact information. Save any case number the platform gives you. If the same content reappears, that record speeds up the second removal.
Send a DMCA Takedown Notice
If you took the photo or video yourself, you own the copyright. A Digital Millennium Copyright Act takedown notice can force hosting providers and search engines to remove the content. The notice must identify the copyrighted work, link to the infringing material, and include a statement under penalty of perjury that the information is accurate. This route works regardless of a site’s safety policies and is useful for smaller sites that lack dedicated reporting channels.
Use StopNCII to Block Future Uploads
StopNCII.org generates a digital fingerprint (a hash) of your intimate images on your own device. The images themselves are never uploaded. Participating platforms then check new uploads against those hashes and block matches that violate their policies.8StopNCII.org. How StopNCII.org Works The tool only works with participating platforms, but it provides ongoing monitoring rather than a single removal.
Get Help and Report Crimes
The Cyber Civil Rights Initiative operates a free 24/7 helpline for victims of image-based sexual abuse at 844-878-2274, with guidance on evidence, attorney referrals, and the removal process. If you are being sextorted, or if the conduct crosses state lines or involves a minor, report to the FBI’s Internet Crime Complaint Center at ic3.gov.
Taxes on a Settlement or Verdict
If you recover money through a lawsuit or settlement, most of it will be taxable. Under 26 U.S.C. § 104(a)(2), only damages for physical injury or physical sickness are excluded from gross income, and the statute specifically states that emotional distress is not a physical injury for this purpose.9Office of the Law Revision Counsel. 26 US Code 104 Compensation for Injuries or Sickness Since these claims are built on emotional distress, invasion of privacy, and similar harms, the damages generally count as ordinary income.
There is one narrow exception. If part of your recovery pays for medical care tied to emotional distress, such as therapy or psychiatric treatment, that portion may be excluded.9Office of the Law Revision Counsel. 26 US Code 104 Compensation for Injuries or Sickness Keep records of those expenses, and talk to a tax professional who handles litigation recoveries before you sign a settlement agreement.