1. The Prevalence of Revenge Porn: What You Need to Know
A 2017 study by the Cyber Civil Rights Initiative revealed that 1 in 8 social media users in the United States have been victims of nonconsensual pornography, commonly referred to as revenge porn. This startling statistic underscores how prevalent this violation of privacy has become in our digital age.
For victims, the emotional and psychological toll is often devastating, leaving them feeling exposed and powerless. Fortunately, both New York State and New York City have implemented laws to combat this growing problem. But knowing revenge porn is a crime is only the first step—understanding how to ensure your case is taken seriously is essential to reclaiming your dignity and rights.
2. Criminal Justice for Revenge Porn: How New York’s Laws Protect You
The New York State Unlawful Disclosure Law: A Statewide Shield
Under New York Penal Law § 245.15, it is a crime to intentionally share someone’s intimate images without their consent. To be liable, the perpetrator must have had the “intent to cause harm to the emotional, financial, or physical welfare” of the victim. The image must depict the victim’s intimate parts expose or the victim engaging in sexual conduct with another person. Importantly, the law covers images “created or altered by digitization”—or deepfakes. Lastly, the victim must have had a reasonable expectation of privacy that the image would remain private.
Unlawful dissemination of revenge porn under this law is a class A misdemeanor, with offenders facing up to one year in jail or fines.
If you’re a victim, this law gives you the ability to file a police report and seek criminal charges against the perpetrator. While the process can feel intimidating, having legal protections in place ensures that this behavior is treated as the serious crime it is.
The New York City Unlawful Disclosure Law: Extra Protections for NYC Residents
In New York City, Administrative Code § 10-180 provides an additional layer of protection for victims if the crime occurs in New York City. Under this law, it unlawful for a “covered recipient” to disclose or threaten to disclose a private, intimate image without the victim’s consent, with the intent to cause harm. The victim must be identifiable in the image.
A “covered recipient” is an individual who gains access to the image from the victim depicted in the image. For example, if you sent an intimate image to your boyfriend, who then sent it to his friend, who posted it online without your consent, you would not be able to sue the friend, because he is not a “covered recipient.” However, if your boyfriend posted the image, he would be considered a “covered recipient”—and therefore liable—under the NYC law.
A person who violates this law is guilty of a misdemeanor, which is punishable by up to one year in jail and/or a fine of up to $1,000.
3. Fighting Back: Civil Lawsuits That Hold Perpetrators Accountable
Sue for Damages Under the New York State Revenge Porn Statute
New York Civil Rights Law § 52-b gives victims the right to sue individuals who share or threaten to share their private, intimate images without consent. The law specifically states that it does not matter whether the perpetrator consensually obtained the image. Therefore, even if you sent the perpetrator the intimate image, the perpetrator is liable under the law if he posts it online without your permission.
This law allows victims to pursue damages for emotional distress, reputational harm, and punitive damages. Civil lawsuits also allow victims to seek injunctive relief, such as court orders to stop further dissemination of their images. This can provide peace of mind as you work to regain control of your privacy.
Victims must file their lawsuits within the later of three years after the dissemination of the image or one year from the date the victim discovered or reasonably should have discovered the dissemination of the image.
NYC Civil Remedies: Using Local Laws to Strengthen Your CaseNYC Revenge Porn Law
New York City Administrative Code § 10-180, discussed above, also establishes a civil cause of action for victims. Notably, this statute allows victims to sue perpetrators who disclose or threaten to disclose their intimate images. NYC victims can sue perpetrators for damages specific to their emotional and reputational harm. Victims can also request punitive damages and injunctive relief through this statute, making it a critical tool for protecting your rights within the city.
NYC Gender-Motivated Violence Law
Administrative Code § 10-1104, also known as the NYC Gender-Motivated Violence Act, offers an additional civil cause of action for victims of revenge porn, which is a form of gender-based violence.
Under this NYC law, a person who was injured by someone who commits a crime of violence motivated by gender may sue the perpetrator for compensatory and punitive damages, injunctive relief, attorney’s fees, and the cost of the lawsuit.
4. Your Roadmap to Justice: How to Ensure Your Case Is Taken Seriously
Step 1: Save Every Piece of Evidence
Before taking any action, document everything as soon as possible. You’ll want to save photos, videos, screenshots of websites, messages, emails, and more.
Step 2: Report the Incident to Authorities
Filing a report with law enforcement can be an important step in holding the perpetrator accountable. But we also understand that some victims may not want to go to the police or be involved in a criminal case. If you’re unsure about how to approach this or the consequences of filing a police report, consider consulting with an advocate or attorney for guidance.
Step 3: Consult a Lawyer Who Understands New York Revenge Porn Cases
Not all attorneys have experience with revenge porn cases, which can involve complex intersections of criminal law, civil rights, and digital evidence. A trauma-informed attorney can help you file DMCA takedown notices, keep your personal information private, and pursue all available legal remedies.
Revenge porn cases require a deep understanding of the law, digital privacy, and trauma. Working with someone who specializes in these areas can make navigating the system far less daunting and much more effective.
5. Closing Thoughts: You Deserve Justice
Revenge porn is a gross violation of privacy, but New York’s laws provide a framework to hold perpetrators accountable. Whether through criminal charges, civil lawsuits, or both, you have the tools to fight back and reclaim your rights.
If you’re unsure where to start, don’t hesitate to seek help. You don’t have to face this alone.
Schedule a Free Consultation Today
At ALM Law, we understand the devastating impact of revenge porn and are here to help you take back control. Contact us today for a free 15-minute consultation to explore your options and start your journey toward justice.