Freedom to Post or Invasion of Privacy? Analysis of U.S. Revenge Porn State Statutes

Abstract

ABSTRACTSexting is a common behavior with studies reporting that 49% of adults have admitted to sending an intimate image and/or video of themselves to a romantic partner. The literature suggests that sexually explicit images are not safe with intimate partners and that sexts may be re-distributed as nonconsensual pornography, often referred to as revenge porn. Revenge porn refers to situations where a sexually explicit image and/or video of a person is electronically distributed on a media platform without the depicted individual’s permission. Research indicates that 60% of individuals in a relationship have forwarded their partners’ sexually explicit photograph(s). Employing a content analysis, the current study examined revenge porn statutes in the United States. The findings indicate that perpetrators are often protected through a lack of federal regulations. More specifically, the review highlights diversity in revenge pornography legislation, which may lead to issues in prosecution and remedies available to victims.