Revenge porn laws now operate on three tracks: a federal crime under the TAKE IT DOWN Act of 2025 carrying up to two years in prison (three if the victim is a minor), state criminal statutes in most jurisdictions, and a federal civil lawsuit that lets you recover $150,000 without proving a dollar of financial loss. If someone has shared intimate images of you without your consent, or is threatening to, you have options at every level, and platforms are legally required to take the content down within 48 hours of a valid request.
What Counts as a Violation
The core elements are consistent across the federal criminal and civil frameworks. You have to show that you did not consent to the distribution and that the person who shared the imagery either knew you hadn’t consented or recklessly disregarded whether you had. That second piece matters. The federal standard isn’t limited to people who set out to humiliate you. Someone who simply didn’t bother to check whether they had permission can still be liable.1Office on Violence Against Women. Sharing of Intimate Images Without Consent: Know Your Rights
The content has to be sexually explicit, meaning imagery of intimate body parts or sexual activity. A key point many people get wrong: sharing an image privately with a partner does not create consent for them to post it publicly later. A photo you sent in confidence is still protected.2Federal Trade Commission. Nonconsensual Distribution of Intimate Images: What To Know
Federal law also reaches AI-generated fakes. The TAKE IT DOWN Act defines a “digital forgery” as any intimate visual depiction of an identifiable person created through software, machine learning, or artificial intelligence that a reasonable person could not distinguish from a real image. Deepfake intimate images carry the same criminal penalties as authentic ones.3Congress.gov. S.146 – TAKE IT DOWN Act
You do not have to prove the person was motivated by revenge or wanted to humiliate you. Many state statutes still require proof of intent to cause distress, but the federal civil cause of action and the TAKE IT DOWN Act focus on consent and knowledge, not motive.
Federal Criminal Penalties Under the TAKE IT DOWN Act
Before 2025, no federal statute specifically criminalized the distribution of nonconsensual intimate images between adults. The TAKE IT DOWN Act amended the Communications Act of 1934 to create a standalone federal offense. Knowingly publishing an intimate image of an identifiable person without consent now carries up to two years in federal prison, a fine, or both. If the victim is a minor, the maximum climbs to three years.3Congress.gov. S.146 – TAKE IT DOWN Act
Threats are covered too. Someone who threatens to publish authentic intimate images for purposes of intimidation, coercion, extortion, or causing mental distress faces the same penalties as if they had actually distributed them. Threats involving AI-generated forgeries carry slightly lower maximums of 18 months for adults and 30 months for minors.4Congress.gov. The TAKE IT DOWN Act: A Federal Law Prohibiting Nonconsensual Intimate Visual Depictions
State Criminal Laws
The vast majority of states passed their own statutes criminalizing nonconsensual intimate image distribution well before federal law caught up, and these laws vary considerably. In most states, a first offense is a misdemeanor carrying up to one year in jail and fines ranging from roughly $1,000 to $10,000. Several states escalate to a felony for repeat violations, images depicting minors, or cases involving extortion, with prison terms of two to five years or more.
States also differ on mental state. Some require proof the person intended to cause emotional distress or harassment. Others, like federal law, only require knowledge or recklessness about the lack of consent. The same conduct that fails to qualify in one state can be a felony next door. A few jurisdictions let judges order convicted offenders to register as sex offenders.
Because state and federal laws overlap, a single act can expose someone to prosecution at both levels. In practice, most cases are handled by state prosecutors unless the images crossed state lines, involved minors, or were part of a broader pattern of cyberstalking.
Federal Cyberstalking Charges
When nonconsensual image distribution is part of ongoing harassment, 18 U.S.C. § 2261A offers another avenue. Using electronic communication to engage in conduct that causes or would reasonably be expected to cause substantial emotional distress can trigger federal cyberstalking charges when the perpetrator acts with intent to harass or intimidate and the conduct involves interstate communication.5Office of the Law Revision Counsel. 18 US Code 2261A – Stalking
Prosecutors tend to add cyberstalking counts when image sharing was paired with threatening messages, repeated contact after being told to stop, or attempts to push the images to the victim’s employer or family. The interstate commerce element is met any time someone uses the internet, so the statute is broadly applicable.
Suing for Damages Under 15 USC 6851
The Violence Against Women Act Reauthorization of 2022 created a federal civil remedy that works independently of any criminal case. Under 15 U.S.C. § 6851, you can sue in federal court anyone who disclosed your intimate images without consent, as long as the disclosure involved interstate commerce or electronic communication. Virtually all online sharing qualifies.6Office of the Law Revision Counsel. 15 USC 6851 – Civil Action Relating to Disclosure of Intimate Images
The damages provision is where this statute has real force. You can recover either your actual damages or liquidated damages of $150,000, plus reasonable attorney’s fees and litigation costs. The liquidated damages option means you do not have to quantify how much the violation cost you financially. If you can prove the images were shared without your consent by someone who knew or was reckless about that fact, you are entitled to the full amount. Courts can also issue injunctions ordering the defendant to stop displaying the images, and you can proceed under a pseudonym to protect your identity.6Office of the Law Revision Counsel. 15 USC 6851 – Civil Action Relating to Disclosure of Intimate Images
For most victims, this is the most practical route. Criminal cases depend on a prosecutor deciding to charge; a civil lawsuit is under your control. The $150,000 figure also creates leverage in settlement talks, because the defendant knows the minimum exposure from the moment the case is filed. The statute’s “intimate visual depiction” language covers AI-generated content as well as authentic images.
Other Civil Claims
You can pair the federal action with common law tort claims in state court. The two most common are intentional infliction of emotional distress, which requires extreme and outrageous conduct causing severe emotional harm, and public disclosure of private facts, which requires publicizing private information a reasonable person would find highly offensive. Both allow compensatory damages for therapy costs, lost wages, and reputational harm, and courts can award punitive damages when conduct is especially egregious.
If the distribution happened in a workplace context, an employer who knew and failed to act may face a hostile work environment claim. A coworker sharing intimate images on a company group chat while management ignores complaints can create independent liability for the employer, including compensation for emotional distress, lost income, and career damage.
The federal action under 15 U.S.C. § 6851 is usually the strongest single claim because of the $150,000 liquidated damages, fee shifting, and anonymity protections. State tort claims are worth adding when your actual damages exceed that amount or when a state’s law provides remedies the federal statute doesn’t.
Getting the Images Taken Down
The TAKE IT DOWN Act doesn’t just punish offenders. It also imposes a removal duty on platforms. Any covered platform that receives a valid removal request from a victim must take the imagery down within 48 hours and make reasonable efforts to find and remove identical copies. “Covered platform” means any website or app that primarily hosts user-generated content, or that publishes nonconsensual intimate imagery as part of its operations. The FTC enforces this requirement.4Congress.gov. The TAKE IT DOWN Act: A Federal Law Prohibiting Nonconsensual Intimate Visual Depictions
Google maintains a dedicated form for removing intimate images from search results, covering both authentic and fake content. You don’t need a criminal case to use it. You submit the URLs where the content appears and confirm that it was shared without your consent.7Google Search Help. Remove Personal Sexual Content From Google Search
StopNCII.org works preemptively. You create a digital fingerprint (a hash) of the image on your own device, and participating platforms use that hash to block uploads that match it. Your actual image never leaves your device. This is most useful when you know intimate images of you exist and want to prevent them from being posted.
DMCA Takedowns
If you took the photo yourself, you own the copyright, which gives you a separate route. Under the Digital Millennium Copyright Act, a takedown notice obligates any U.S. website hosting your copyrighted image to remove it or lose its liability protections. Registration with the Copyright Office is not required before sending the notice.
The advantage: you don’t have to prove harassment, intent, or lack of consent. You just show you’re the copyright holder and didn’t authorize the posting. The downside is that the uploader may receive a copy of your notice, including your contact information. A P.O. box or an attorney filing on your behalf can protect your identity. If someone else took the photo, you’d need a written copyright assignment from that person first.
Platform Reporting
Most major social media platforms have internal reporting tools for intimate imagery shared without consent, usually filed under “harassment,” “intimate content,” or “unauthorized sensitive content.” You’ll need the URL of the post and a short description of why it violates platform policy. Reports can lead to removal, account suspension, and referral to law enforcement. Save your screenshots before reporting, since content often disappears quickly once it’s flagged.
Evidence to Preserve
Any legal case rises or falls on what you document before the images come down. Capture full-page screenshots showing date, time, and platform for each image. Save the exact URLs, not just the website name, because investigators use URLs to subpoena records. Screenshot the profile of the account that posted the content, including display name, username, and bio.
Communications with the person who shared the images are often the most powerful evidence. Texts, emails, or DMs where they threatened to post, admitted posting, or acknowledged you never gave permission prove both the act and the mental state. Don’t delete any conversations, including hostile ones.
If you can access the original image files, their metadata may contain the device that created the file, the date, and GPS coordinates. That data can link the distribution to a specific person and device. Keep a written log of when you first discovered the images, who told you, and every platform where they appeared. That timeline becomes the backbone of both a police report and any civil suit.
Reporting and Getting Help
Filing a police report is the first step toward criminal prosecution. Bring printed screenshots, saved URLs, and copies of threatening messages to your local department. Ask that the report be filed under your state’s nonconsensual intimate image statute, or if the images crossed state lines or involved electronic communication, reference the TAKE IT DOWN Act or the federal cyberstalking statute. Some departments have cybercrime units that can subpoena platforms for account records and IP addresses.
The Cyber Civil Rights Initiative runs a free, 24/7 helpline at 844-878-2274. Trained advocates can walk you through reporting, connect you with attorneys who handle these cases (sometimes at reduced or no cost), and help you navigate platform removal tools. The Justice Department’s Office on Violence Against Women also publishes guidance on federal legal options.1Office on Violence Against Women. Sharing of Intimate Images Without Consent: Know Your Rights
Act quickly. Evidence disappears when accounts get deleted, and memories of specific dates fade. Some state statutes of limitations are as short as one or two years. The federal civil action under 15 U.S.C. § 6851 does not specify its own limitations period, meaning a general federal statute of limitations may apply, but waiting only makes any case harder to prove.
Consequences Offenders Face
A conviction carries consequences well past any jail sentence. Licensed professionals in medicine, nursing, teaching, law, accounting, and real estate can face license suspension or revocation. Most state licensing boards treat convictions involving sexual conduct as reflecting on fitness to practice, and many require self-reporting. Failing to disclose a conviction to a licensing board is often an independent violation.
Some jurisdictions require sex offender registration for certain intimate image offenses, especially when minors are involved. Registration brings long-term restrictions on where someone can live and work, and the information is publicly accessible. Active-duty military members face separate consequences under Article 117a of the Uniform Code of Military Justice, which specifically addresses wrongful distribution of intimate visual images and carries up to a dishonorable discharge, forfeiture of all pay and allowances, and two years of confinement.