These days, people document events big and small, good and bad by taking photos and videos on their phone. That includes intimate encounters. Couples often trust each other to have private images of one another on their phone. Often, they send images to their partner when they’re apart.
When a relationship goes bad, though, the photos and videos remain unless you delete them. Sometimes, it can be tempting to share them with friends or directly on social media to embarrass a former partner.
Doing this may feel good in the moment, but it can harm a person’s reputation and even result in job loss. It can cause embarrassment and harm to their family. It can break up a marriage. For all of these reasons and more, most states, including Pennsylvania, have criminalized “revenge porn,” or “nonconsensual pornography.”
So far, the U.S. Congress hasn’t been able to pass legislation criminalizing it on the federal level. However, victims can file a civil claim in federal court against the person they allege to have distributed revenge porn depicting them. Pennsylvania allows civil suits as well.
What does Pennsylvania law say?
Under Pennsylvania law, someone is guilty of “unlawful dissemination of intimate image” if “with intent to harass, annoy or alarm a current or former sexual or intimate partner, the person disseminates a visual depiction of [them] in a state of nudity or engaged in sexual conduct.” The law applies if “the victim or the offender is located within this Commonwealth.”
This criminal offense is treated as a second degree misdemeanor if the person depicted is an adult. If they’re a minor, it’s a first degree misdemeanor. There may be less harsh consequences if the person disseminating the images is also a minor.
What’s important to know is that this is considered criminal activity, and prosecutors take it seriously. If you’re facing criminal charges for sharing intimate images of someone without their consent, it’s wise to seek legal guidance as soon as possible to protect your rights and present your case.