Revenge Porn Laws by State: All 50 States and DC (2026)

Yes. Sharing another adult's intimate images without their consent is a crime in all 50 states and the District of Columbia, and since May 19, 2025 it is also a federal crime under the Take It Down Act. South Carolina was the last state to criminalize it, in May 2025.
What still differs from state to state is how serious the charge is, whether the statute reaches AI-generated images, and whether you can sue on your own. The table below sets out all 51 jurisdictions, with each cite linked to the official state source.
Is nonconsensual intimate imagery illegal everywhere?
Every US jurisdiction now has a criminal statute covering the nonconsensual disclosure of intimate images. The statutes carry different names. Some are called revenge porn laws, others unlawful dissemination of an intimate image, disclosure of private images, sexual cyberharassment, or unlawful exposure. A few states never wrote a standalone law and instead folded the conduct into an existing offense: Alaska handles it inside its harassment statute at AS 11.61.120(a)(6), Iowa inside Iowa Code § 708.7, Massachusetts inside the criminal harassment statute at c. 265, § 43A, and Montana inside its privacy in communications statute at § 45-8-213.
Federal law now sits on top of all of it. Public Law 119-12 added a new subsection to 47 U.S.C. § 223 that makes it a federal crime to knowingly publish nonconsensual intimate imagery of an identifiable adult, punishable by up to 2 years, or of a minor, punishable by up to 3 years. The same two-track structure applies to digital forgeries, and threats to publish carry the same 2-year and 3-year maximums where the image is authentic, and 18 months for an adult or 30 months for a minor where the threatened image is a digital forgery.
That matters most for the states whose own statutes have gaps. A person in Mississippi or New Mexico, whose criminal statutes do not reach AI-generated images, is not without a criminal remedy, because the federal digital-forgery provision applies there too.
Revenge porn laws by state, as of August 2026
Each state name in the deepfakes column links to that state's deepfake page for the AI-specific detail. Classification is compressed to the tiers that appear in the statute text itself. State legislatures amend these provisions constantly, so treat the table as current to August 2026 and open the linked statute before relying on a cell.
| State | Criminal statute | Classification | Deepfakes covered? | State civil action |
|---|---|---|---|---|
| Alabama | Ala. Code § 13A-6-240 | Class A misdemeanor; Class C felony on a repeat conviction | Yes (Alabama deepfake law) | No* |
| Alaska | AS 11.61.120(a)(6) | Class B misdemeanor (harassment in the second degree) | No (Alaska deepfake law) | No* |
| Arizona | A.R.S. § 13-1425 | Class 5 felony; Class 4 felony if disclosed electronically; a threat to disclose is a Class 1 misdemeanor | Partial (threat tier only) (Arizona deepfake law) | Yes (A.R.S. § 12-741) |
| Arkansas | Ark. Code Ann. § 5-26-314 | Class A misdemeanor; reaches only family or household members and current or former dating partners | Yes, under a separate statute (§ 5-14-139) (Arkansas deepfake law) | Deepfakes only (§ 16-118-119) |
| California | Cal. Penal Code § 647(j)(4) | Misdemeanor; enhanced penalty for a repeat offense or a minor victim | Yes (California deepfake law) | Yes (Civ. Code § 1708.85) |
| Colorado | C.R.S. § 18-7-107 | Class 1 misdemeanor plus a mandatory fine of up to $10,000 | Yes (Colorado deepfake law) | Yes (C.R.S. § 13-21-1403) |
| Connecticut | Conn. Gen. Stat. § 53a-189c | Class A misdemeanor; Class D felony if sent to more than one person through an online or telecom service | No (Connecticut deepfake law) | No* |
| Delaware | 11 Del. C. § 1335 | Class A misdemeanor; Class G felony with aggravating factors such as profit or running a site for the purpose | Yes (Delaware deepfake law) | Yes (10 Del. C. § 7803) |
| District of Columbia | D.C. Code § 22-3052 | Misdemeanor, up to 180 days (§ 22-3052); felony, up to 3 years for first-degree unlawful publication (§ 22-3053) where done with intent to harm or for financial gain | No (District of Columbia deepfake law) | No* |
| Florida | Fla. Stat. § 784.049 | First degree misdemeanor; third degree felony on a repeat offense or where done for financial gain | No (Florida deepfake law) | Yes (same statute, § 784.049(7)) |
| Georgia | O.C.G.A. § 16-11-90 | Misdemeanor of a high and aggravated nature; felony of 1 to 5 years on a repeat conviction | Yes (Georgia deepfake law) | No* |
| Hawaii | Haw. Rev. Stat. § 711-1110.9 | Class C felony | Yes (Hawaii deepfake law) | No* |
| Idaho | Idaho Code § 18-6605 | Felony | No (not in this section) (Idaho deepfake law) | No* |
| Illinois | 720 ILCS 5/11-23.5 | Class 4 felony | No (Illinois deepfake law) | Yes (740 ILCS 190) |
| Indiana | Ind. Code § 35-45-4-8 | Class A misdemeanor; Level 6 felony with a prior conviction under the section | Yes (Indiana deepfake law) | Yes (Ind. Code § 34-21.5-3-1) |
| Iowa | Iowa Code § 708.7(1)(a)(5) | Aggravated misdemeanor (harassment in the first degree); adults must register as sex offenders | Yes (Iowa deepfake law) | No* |
| Kansas | K.S.A. 21-6101 | Severity level 8 person felony; severity level 5 person felony on a repeat conviction within five years | Yes (Kansas deepfake law) | No* |
| Kentucky | KRS 531.120 | Class A misdemeanor; Class D felony on a later offense; Class D then Class C felony where done for profit | No (Kentucky deepfake law) | Limited (KRS 411.215, failure to remove on request) |
| Louisiana | La. R.S. 14:283.2 | Felony; up to 2 years with or without hard labor and a fine of up to $10,000 | No (Louisiana deepfake law) | No* |
| Maine | 17-A M.R.S. § 511-A | Class D crime | Yes (Maine deepfake law) | No* |
| Maryland | Md. Code, Crim. Law § 3-809 | Misdemeanor, up to 2 years and a fine of up to $5,000 | Yes (Maryland deepfake law) | Yes (same section, § 3-809) |
| Massachusetts | Mass. Gen. Laws c. 265, § 43A | Up to 2.5 years in a house of correction; up to 10 years in state prison on a repeat offense | Yes (Massachusetts deepfake law) | No* |
| Michigan | MCL 750.145e | Misdemeanor, up to 93 days; up to 1 year on a second or later violation | Yes, under a separate act (2025 PA 11) (Michigan deepfake law) | Deepfakes only (2025 PA 11) |
| Minnesota | Minn. Stat. § 617.261 | Gross misdemeanor; felony of up to 3 years where an aggravating factor applies | No (Minnesota deepfake law) | No* |
| Mississippi | Miss. Code Ann. § 97-29-64.1 | Misdemeanor on a first offense; felony on a later offense or where committed for financial profit | No (Mississippi deepfake law) | No* |
| Missouri | Mo. Rev. Stat. § 573.110 | Class D felony; Class C felony where the person depicted is a minor or a vulnerable person | No (Missouri deepfake law) | Yes (same statute, § 573.110) |
| Montana | Mont. Code Ann. § 45-8-213 | Misdemeanor; felony of up to 5 years on a second or later conviction | Yes (Montana deepfake law) | No* |
| Nebraska | Neb. Rev. Stat. § 28-311.08(4) | Class I misdemeanor; Class IV felony on a second or later violation | No (Nebraska deepfake law) | No* |
| Nevada | NRS 200.780 | Category D felony | Yes (Nevada deepfake law) | No* |
| New Hampshire | RSA 644:9-a | Class B felony | Yes (New Hampshire deepfake law) | No* |
| New Jersey | N.J.S. 2C:14-9 | Crime of the third degree for disclosure, with a fine of up to $30,000 (current text shown as bracketed language in pending bill A4430; New Jersey publishes no free current code) | No (New Jersey deepfake law) | Yes (N.J.S.A. 2A:58D-1) |
| New Mexico | NMSA 1978, § 30-37A-1 | Misdemeanor; fourth degree felony on a second or later conviction | No (New Mexico deepfake law) | No* |
| New York | N.Y. Penal Law § 245.15 | Class A misdemeanor | Yes (New York deepfake law) | Yes (Civ. Rights Law § 52-b) |
| North Carolina | N.C. Gen. Stat. § 14-190.5A | Class H felony for adults; Class 1 misdemeanor for a first offense by a minor, then Class H felony | Yes (North Carolina deepfake law) | Yes (same section, § 14-190.5A(g)) |
| North Dakota | N.D. Cent. Code § 12.1-17-07.2 | Class A misdemeanor; actual emotional distress or harm is an element of the offense | Partial (computer-generated images only) (North Dakota deepfake law) | No* |
| Ohio | Ohio Rev. Code § 2917.211 | Fifth degree felony for real images; fourth degree felony for fabricated images, each escalating with priors | Yes (Ohio deepfake law) | Yes (§ 2307.66, cross-referenced in § 2917.211) |
| Oklahoma | 21 O.S. § 1040.13b | Misdemeanor; felony where the offender gains anything of value or posts three or more images within six months | Yes (Oklahoma deepfake law) | No* |
| Oregon | ORS 163.472 | Class A misdemeanor; Class C felony with a prior conviction under the section | Yes (Oregon deepfake law) | Yes (ORS 30.833) |
| Pennsylvania | 18 Pa.C.S. § 3131 | Second degree misdemeanor; first degree misdemeanor where the person depicted is a minor | Yes (Pennsylvania deepfake law) | Yes (42 Pa.C.S. § 8316.1) |
| Rhode Island | R.I. Gen. Laws § 11-64-3 | Misdemeanor on a first offense; felony on a later offense, and for threats or extortion | Yes (Rhode Island deepfake law) | No* |
| South Carolina | S.C. Code § 16-15-332 | Misdemeanor up to 1 year absent intent to harm, felony up to 5 years on a repeat; felony of up to 5 years (10 on repeat) where the actor acts with intent to harm or for profit | Yes (South Carolina deepfake law) | Yes (Act No. 131 of 2026) |
| South Dakota | SDCL 22-21-4 | Class 1 misdemeanor for real images; Class 5 felony for digitally fabricated material; Class 6 felony on a repeat violation or where the victim is 17 or younger and the offender is 21 or older | Yes (South Dakota deepfake law) | No* |
| Tennessee | Tenn. Code Ann. § 39-17-318 | Class A misdemeanor | No (Tennessee deepfake law) | No* |
| Texas | Tex. Penal Code § 21.16 | State jail felony | Yes, under a separate statute (§ 21.165) (Texas deepfake law) | Yes (Civ. Prac. & Rem. Code ch. 98B) |
| Utah | Utah Code § 76-5b-203 | Class A misdemeanor; third degree felony on a second or later conviction | Yes (Utah deepfake law) | No* |
| Vermont | 13 V.S.A. § 2606 | Up to 2 years and a $2,000 fine; up to 5 years and a $10,000 fine where done for financial profit | Yes (Vermont deepfake law) | Injunctive relief only (same section) |
| Virginia | Va. Code § 18.2-386.2 | Class 1 misdemeanor | Yes (Virginia deepfake law) | Yes (Va. Code § 8.01-40.4) |
| Washington | RCW 9A.86.010 | Gross misdemeanor; Class C felony with a prior conviction under the section | No (Washington deepfake law) | Yes (RCW 7.110.020) |
| West Virginia | W. Va. Code § 61-8-28a | Misdemeanor on a first offense; felony of up to 3 years on a second or later offense | Yes (West Virginia deepfake law) | Yes (W. Va. Code § 55-20-3) |
| Wisconsin | Wis. Stat. § 942.09 | Class A misdemeanor for posting a private representation; Class I felony for synthetic images and for nonconsensual capture; each tier escalates where the person depicted is under 18, to a Class I felony for posting and a Class H felony for the others | Yes (Wisconsin deepfake law) | Yes (Wis. Stat. § 995.50) |
| Wyoming | Wyo. Stat. § 6-4-306 | Misdemeanor for real images; felony of up to 10 years under the separate synthetic-material statute | Yes, and more heavily punished under a separate statute (§ 6-4-307) (Wyoming deepfake law) | No* |
* No dedicated state civil cause of action was located in the statute text we opened for this table. That is not proof none exists, and it does not affect the federal civil claim under 15 U.S.C. § 6851, which is available in every state.
Felony or misdemeanor: where the states actually differ
Thirteen states charge a first offense as a felony outright. Arizona (Class 5, rising to Class 4 for electronic disclosure), Hawaii (Class C), Idaho, Illinois (Class 4), Kansas (severity level 8 person felony), Louisiana (punishable by up to two years with or without hard labor), Missouri (Class D), Nevada (Category D), New Hampshire (Class B), New Jersey (third degree), North Carolina (Class H), Ohio (fifth degree), and Texas (state jail felony) all start there.
The larger group starts at a misdemeanor and escalates. The triggers repeat across the country: a prior conviction (Alabama, Florida, Indiana, Kentucky, Montana, Nebraska, New Mexico, Oregon, Utah, Washington, West Virginia), a profit or financial gain motive (Delaware, Florida, Kentucky, Mississippi, Oklahoma, Vermont), and a minor victim (California, Missouri, Pennsylvania, South Dakota).
Connecticut escalates on a different axis. Sending an image to one person is a Class A misdemeanor there, but sending it to more than one person through an online or telecommunications service is a Class D felony, which keys the penalty to how far the image travelled rather than to the offender's record.
A handful of states set penalties higher for synthetic images than for real ones. South Dakota grades real-image offenses as a Class 1 misdemeanor but digitally fabricated material as a Class 5 felony. Wyoming punishes the real-image offense as a misdemeanor and the separate synthetic sexual material offense by up to 10 years. Ohio grades fabricated sexual images one degree above real ones.
The deepfake gap
Thirty-three of the 51 jurisdictions have criminal statutes that reach AI-generated or digitally altered intimate images, and they get there by different drafting routes. Some fold synthetic content into the definition of the covered image, as Alabama does by covering a recording that a reasonable person would believe depicts an identifiable individual regardless of whether it is artificially generated. Some define a term of art: digitization in New York and Vermont, deep fake in Delaware and Michigan, digitally fabricated in Montana and South Dakota, synthetic image in New Hampshire, synthetic intimate representation in Wisconsin, artificially generated sexual depiction in Pennsylvania and Oklahoma. Four states put the deepfake offense in an entirely separate statute: Arkansas at § 5-14-139, Michigan under the 2025 Protection from Intimate Deep Fakes Act, Texas at Penal Code § 21.165, and Wyoming at § 6-4-307.
Sixteen jurisdictions have criminal statutes that, in the text we opened, still describe only an image photographed or recorded of the real person: Alaska, Connecticut, the District of Columbia, Florida, Idaho, Illinois, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, Tennessee, and Washington.
Some of those gaps are the result of failed bills rather than oversight. New Mexico legislators introduced a sensitive deepfake image bill twice, as HB 530 in 2025 and HB 22 in 2026, and both died in committee. Mississippi SB 2437, the Prohibition of Exploitation by Deepfakes Act, died in committee on February 4, 2025. In New Jersey, A4430 would raise the disclosure offense from a third degree to a second degree crime but had not passed as of August 2026.
Two jurisdictions land in between. Arizona covers a realistic pictorial representation only in the threat tier, which is a Class 1 misdemeanor, not in the felony disclosure offense. North Dakota's definition of an intimate image includes a computer or computer-generated image but has no AI or synthetic-media language beyond that. Illinois shows a third pattern: the criminal statute at 720 ILCS 5/11-23.5 has no deepfake language at all, but the civil act at 740 ILCS 190 § 10 expressly reaches an image that has been intentionally digitally altered.
If your state is in the gap list, the federal digital forgery provision still applies to your situation, and so may a separate state deepfake statute that sits outside the revenge porn law.
Civil remedies: suing the person who shared the images
Twenty-five of the 51 jurisdictions have a state civil cause of action we were able to locate, and they are structured three ways.
Some write the civil claim into the criminal statute itself. Florida § 784.049(7) allows injunctive relief, the greater of $10,000 or actual damages, punitive damages, and fees. Missouri § 573.110 sets damages at $10,000 or actual damages and states that humiliation and embarrassment alone are enough to show damages. North Carolina § 14-190.5A(g) sets liquidated damages at the higher of $1,000 per day of violation or $10,000.
Others adopted a uniform act. Colorado, Delaware, Washington, and West Virginia all enacted versions of the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, and South Carolina joined them in 2026 with Act No. 131. Those statutes turn on whether the defendant knew or acted with reckless disregard as to consent, privacy, and identifiability, and they generally provide that consenting to the creation of an image is not consent to its disclosure.
A third group has a general-purpose statute elsewhere in the code. New York Civil Rights Law § 52-b covers images created or altered by digitization and runs for the later of three years after publication or one year after discovery. Virginia § 8.01-40.4 allows suit whether or not the person was ever charged. Wisconsin § 995.50 treats conduct prohibited by § 942.09 as an invasion of privacy regardless of whether there was a criminal case.
Two are narrower than they look. Kentucky KRS 411.215 does not create liability for sharing the image at all; it creates liability of $1,000 per image per day against a site that fails to remove an image within a reasonable time after the depicted person asks. Vermont § 2606 provides injunctive relief inside the criminal section rather than a damages claim.
Wherever you live, 15 U.S.C. § 6851 is available. Enacted as part of the Violence Against Women Act reauthorization in 2022, it lets a person whose intimate visual depiction was disclosed in interstate commerce recover actual damages or liquidated damages of $150,000, plus costs and reasonable attorney fees, and it lets a guardian sue on behalf of a minor or an incapacitated or deceased person.
How federal and state law stack
The Take It Down Act does not replace state law. The statute text contains no preemption clause, so state criminal statutes continue to operate in full alongside the federal offense, and prosecutors at either level can act on the same conduct.
The Act also does not give you a right to sue a platform. It creates a criminal offense enforced by the Department of Justice and a notice-and-removal duty enforced by the FTC as an unfair or deceptive practice, with civil penalties of $53,088 per violation running to the government rather than to you. Your civil routes are 15 U.S.C. § 6851 and whatever your state provides.
The first conviction under the Act came on April 7, 2026, when a Columbus man pleaded guilty in the Southern District of Ohio to three counts: publication of digital forgeries, which is the Take It Down Act count, plus cyberstalking and producing obscene visual representations of the sexual abuse of children. On the platform side, the FTC began enforcement on May 19, 2026 and sent letters to fifteen major services. As of August 2026 we have found no completed FTC enforcement action against a platform under the Act.
Notable states
Virginia legislated first on deepfakes. Its 2019 amendment to § 18.2-386.2 extended the offense to a person whose image was used in creating, adapting, or modifying an image with the intent to depict an actual person, making it the first state law to reach synthetic intimate imagery. The offense itself remains a Class 1 misdemeanor.
South Carolina was last to criminalize the conduct and then moved quickly. Its May 2025 law at § 16-15-332 covers digitally forged intimate images and carries a felony tier for acting with intent to harm or profit, and the legislature added a civil remedy in 2026 through Act No. 131, the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, ratified on May 14, 2026.
Texas graded § 21.16 a Class A misdemeanor when it was enacted in 2015 and raised it to a state jail felony in 2017. What changed in 2025 was the deepfake side: S.B. 441 rewrote § 21.165's definition of deep fake media, added a threats offense and nudification-app provisions, and extended civil liability under Chapter 98B to artificial intimate visual material.
Michigan took the separate-act route in 2025 with the Protection from Intimate Deep Fakes Act, which creates both a criminal offense, rising to a felony where the person acted for profit or with intent to harass, extort, threaten, or harm, and a civil action with damages, disgorgement of profit, attorney fees, and injunctive relief. Michigan's base revenge porn statute at MCL 750.145e remains a misdemeanor at both tiers.
If images of you have been posted
Document what is online before anything else, including URLs, screenshots, and timestamps, because content moves and disappears. Then use the platform's reporting process, which since May 19, 2026 carries the 48-hour federal removal duty for covered platforms. Our step-by-step guide on how to file a Take It Down request covers the order to do things in, the free hash-matching tools, and when to escalate to the FTC or the FBI.
How this table was verified
Every cell above rests on a source a researcher opened in August 2026, and where a source could not be opened, the cell says what was actually confirmed rather than what a summary claimed.
Several states do not publish free official code text. Georgia, Arkansas, and Mississippi route to commercial portals that blocked automated access, so those rows were verified against the official enacting legislation instead: Georgia House Bill 838 of 2014 plus the 2020 deepfake amendment in Senate Bill 337, Arkansas Act 304 of 2015, and Mississippi Senate Bill 2121 of 2021. New Jersey and New Mexico were verified the same way, from official bill text on the legislatures' own systems, because neither state hosts a browsable current code. Tennessee was read from the Secretary of State session-law PDFs; a 2025 amendment reported by news coverage was not opened, so the Tennessee row reflects the law through the 2022 amendment.
A few cells carry residual uncertainty that is worth naming. Minnesota reportedly has a separate civil statute at § 604.31 that we could not confirm this pass, so its civil cell reads No. Idaho reportedly enacted a synthetic-media provision in 2024 outside § 18-6605, which we did not verify, so the deepfake cell is limited to what § 18-6605 itself says. Oregon's civil cite at ORS 30.833 and Illinois's civil act at 740 ILCS 190 were identified but their full text was not independently opened.
A further set of cells was carried forward from earlier research rather than reopened in this pass, and is flagged here rather than presented as freshly checked: the California civil cite at Cal. Civ. Code § 1708.85, the Texas civil cite at Tex. Civ. Prac. & Rem. Code ch. 98B, the Arkansas deepfake civil cite at § 16-118-119, and the 2024 Louisiana amendments to La. R.S. 14:283.2. Montana's misdemeanor tier is likewise an inference from the general penalty schedule rather than a figure stated in § 45-8-213 itself.
This article is general legal information about US federal and state law as of August 2026, not legal advice, and statutes change frequently. For advice about your own situation, speak with a lawyer licensed in your state.
Frequently Asked Questions
Is revenge porn a felony?
It depends on the state and the facts. In Arizona, Hawaii, Idaho, Illinois, Kansas, Louisiana, Missouri, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, and Texas, a first offense is charged as a felony. Most other states start at a misdemeanor and escalate to a felony on a second conviction, where the person acted for profit, or where the person depicted is a minor. Under federal law, publishing nonconsensual intimate imagery of an adult carries up to 2 years, and up to 3 years where the person depicted is a minor.
Can I sue the person who shared my images?
Often yes. Twenty-five of the jurisdictions in the table have a state civil statute, several of which set statutory damages, for example $10,000 in Florida, Indiana, and Missouri, and up to $10,000 per defendant in Arizona. Separately, 15 U.S.C. 6851 gives a federal civil claim to any person whose intimate images were disclosed in interstate commerce, with actual damages or liquidated damages of $150,000 plus costs and attorney fees, and it is available regardless of which state you live in. A lawyer licensed in your state can tell you which route fits your facts and how long you have to file.
What if the image is a deepfake and my state law does not mention AI?
The federal Take It Down Act reaches digital forgeries directly. It defines a digital forgery as a depiction created through software, machine learning, artificial intelligence, or other computer-generated means that, viewed as a whole by a reasonable person, is indistinguishable from an authentic image. That federal provision applies in every state, including the states whose criminal statutes still describe only a photograph or recording of the real person. Some states also cover synthetic images through a separate statute rather than the main revenge porn law, which is why Arkansas, Michigan, Texas, and Wyoming are marked yes in the table.
What is the difference between the Take It Down Act and my state law?
They operate side by side. The Take It Down Act creates a federal crime prosecuted by the Department of Justice and a platform removal duty enforced by the Federal Trade Commission. State statutes create state crimes prosecuted by local prosecutors, and in many states a civil claim you can bring yourself. The Act contains no preemption clause, so a state law is not displaced by it. In practice a single incident can support a state charge, a federal charge, and a civil suit.
What do I do if a website will not take the image down?
Send a removal request through the platform's own reporting process first, and keep a copy of what you sent and when. Covered platforms are required to remove reported images within 48 hours of a valid request and to make reasonable efforts to find identical copies. If a platform misses that window, you can file a complaint with the FTC at TakeItDown.ftc.gov. Our guide on [how to file a Take It Down request](/us-laws/take-it-down-act/how-to-file-a-take-it-down-request/) walks through the sequence, including the hash-matching tools run by NCMEC and StopNCII.
What if I was under 18 when the image was taken?
Images of a minor are handled on a separate and more serious track. Under the Take It Down Act, publishing nonconsensual intimate imagery of a minor carries up to 3 years rather than 2; a threat to publish a real image carries the same 3 years; a threat to publish a digital forgery of a minor carries up to 30 months. Sexual images of a minor may also be child sexual abuse material under other federal and state laws, which are reported to the NCMEC CyberTipline and to law enforcement. NCMEC also runs a free removal service at takeitdown.ncmec.org for images taken before you turned 18. It works by generating a digital fingerprint on your own device, so the image itself is not uploaded.
Do I have to prove the person meant to hurt me?
In many states, yes. Statutes in Arizona, New Hampshire, Oregon, Virginia, and others require intent to harass, harm, intimidate, threaten, or coerce. Several states instead require that the disclosure caused harm or serious emotional distress, which North Dakota and Utah write in as an element of the offense. A smaller group, including Indiana, asks only whether the person knew or should have known there was no consent. That difference is one of the main reasons the same conduct can be charged in one state and declined in another.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Take It Down Act, Public Law 119-12 (May 19, 2025), full text(govinfo.gov).gov
- 15 U.S.C. § 6851, Civil action relating to disclosure of intimate images(uscode.house.gov).gov
- FTC, Complying with the Take It Down Act (business guidance)(ftc.gov).gov
- FTC begins enforcing the Take It Down Act (press release, May 2026)(ftc.gov).gov
- U.S. Attorney, Southern District of Ohio: first conviction under the Take It Down Act (April 7, 2026)(justice.gov).gov
- Cal. Penal Code § 647(j)(4), distribution of intimate and computer-generated images(leginfo.legislature.ca.gov).gov
- Tex. Penal Code ch. 21, including § 21.16 and the deepfake offense at § 21.165(statutes.capitol.texas.gov).gov
- N.Y. Civil Rights Law § 52-b, private right of action for unlawful dissemination of an intimate image(nysenate.gov).gov
- N.C. Gen. Stat. § 14-190.5A, disclosure of private images and its civil remedy(ncleg.gov).gov
- Ohio Rev. Code § 2917.211, including the fabricated sexual image offenses(codes.ohio.gov).gov
- Va. Code § 18.2-386.2, the first state law to reach synthetic intimate imagery (2019)(law.lis.virginia.gov).gov
- South Carolina H. 3049, Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act (Act No. 131, ratified May 14, 2026)(scstatehouse.gov).gov
- RCW 7.110.020, Washington Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act(app.leg.wa.gov).gov
- Fla. Stat. § 784.049, sexual cyberharassment and its civil action(flsenate.gov).gov