Federal Acts:

TAKE IT DOWN Act: Criminalizes the nonconsensual publication of intimate images, including deepfakes in some circumstances. The law also required certain websites and applications to implement processes for removing such images at the request of depicted individuals. 

Official Law: https://uscode.house.gov/view.xhtml?req=(title:47%20section:223%20edition:prelim)%20OR%20(granuleid:USC-prelim-title47-section223)&f=treesort&edition=prelim&num=0&jumpTo=true

For the following states, all official laws can be found here: https://cybercivilrights.org/nonconsensual-distribution-of-intimate-images/

Penal Code § 13A-6-240

Alabama law makes it illegal to knowingly share or distribute an identifiable person's intimate image without their consent when they had a reasonable expectation of privacy. The law may apply to original, edited, or manipulated images. A first offense is a Class A misdemeanor, while repeat offenses may be charged as a Class C felony.

Penal Code: Alaska Stat. § 11.61.127.

A person commits this offense if they knowingly possess or intentionally view on a computer images or videos showing a minor under 18 engaged in certain sexual conduct, including altered images that make an actual minor appear to be involved. Each image or file can be charged as a separate offense.

A limited defense may apply if the person had fewer than three depictions, did not share them, and promptly destroyed them or reported them to law enforcement. Prosecutors do not have to prove the identity of the child depicted. The penalty is a Class C felony.

Penal Code: A.R.S. § 13-1425

Arizona law makes it illegal to intentionally disclose an identifiable person's nude or sexually explicit image without their consent when the person had a reasonable expectation of privacy and the disclosure is intended to harm, harass, intimidate, threaten, or coerce them. The law generally does not apply to disclosures made with consent, for law enforcement or legal purposes, reporting unlawful conduct, or images voluntarily exposed in public or commercial settings. A violation is typically a Class 5 felony, but disclosure by electronic means is a Class 4 felony, and merely threatening to disclose such an image is a Class 1 misdemeanor.

Penal Code: A.C.A. § 5-26-314

Arkansas law makes it illegal for an adult to distribute a nude, sexually explicit, or sexual audio recording of a current or former dating partner or family/household member to a third person with the intent to harass, frighten, intimidate, threaten, or abuse them. It is not a defense that the image or recording was created with the person's consent or belongs to the accused. A violation is a Class A misdemeanor.

Cal. Pen. Code § 647(j)(4)(ii)

California law makes it illegal to intentionally distribute a private intimate or sexually explicit image of an identifiable person when there was an agreement or understanding that the image would remain private, the distributor knew or should have known the disclosure would cause serious emotional distress, and the victim actually suffers that distress. The law also applies to people who arrange for or intentionally cause someone else to distribute the image. Exceptions include disclosures made to report crimes, comply with court orders, or participate in lawful public proceedings. A violation is generally a misdemeanor.

Penal Code: C.R.S. § 18-7-107

Colorado law makes it illegal for an adult to disclose or threaten to disclose another adult's private intimate image without their consent when the disclosure is intended to harass, intimidate, or coerce the person, or when the offender knew or should have known the image was expected to remain private. The victim must suffer physical, emotional, or reputational harm as a result. The offense is generally a Class 1 misdemeanor, but may be charged as a Class 6 felony if the disclosure creates a serious and imminent threat to the victim's safety.

Penal Code: Conn. Gen. Stat. § 53a-189c

Connecticut law makes it illegal to intentionally share another person's intimate image without their consent when the person understood the image would remain private and suffers harm as a result of the disclosure. The law applies to nude images and images depicting sexual intercourse and generally does not apply to images taken in public, commercial settings, matters of public interest, or situations where the person is not identifiable. Sharing an image with one person is a Class A misdemeanor, while distributing it to multiple people online is a Class D felony.

Penal Code: 11 Del. C. § 1335(a)(9)

Delaware law makes it illegal to knowingly share, publish, transmit, or otherwise distribute a nude or sexually explicit image of another person without their consent when the distributor knew or should have known that the image was intended to remain private. A person does not lose their expectation of privacy simply because they originally shared the image within a private or confidential relationship. Violations are generally a Class A misdemeanor, but certain aggravating circumstances can increase the offense to a Class G felony.

Penal Code: Fla. Stat. § 784.049

Florida law makes it illegal to willfully and maliciously share a sexually explicit image of another person without their consent when the person had a reasonable expectation that the image would remain private. A first offense is a first-degree misdemeanor, while a second or subsequent offense is a third-degree felony. Victims may also sue for injunctive relief, attorney’s fees, and the greater of $10,000 or actual damages.

Penal Code: O.C.G.A. § 16-11-90

Georgia law makes it illegal to knowingly and without consent electronically share or post an adult's nude or sexually explicit image when the disclosure is intended to harass, causes financial loss, serves no legitimate purpose, and is posted online or distributed electronically. A first offense is generally a misdemeanor of a high and aggravated nature, but posting the material to websites that promote or distribute sexually explicit content is a felony. Repeat offenses may also be charged as felonies punishable by 1–5 years in prison and fines of up to $100,000.

Penal Code: HRS § 711-1110.9(b)

Hawaii law makes it illegal to knowingly disclose or threaten to disclose an identifiable person's nude or sexually explicit image without their consent when the disclosure is intended to substantially harm the person's reputation, relationships, career, finances, safety, or other personal interests, or is done as an act of revenge or retribution. The law generally does not apply to images voluntarily created in public or as part of a voluntary commercial transaction. A violation is a Class C felony.

Penal Code: Idaho Code § 18-6605(3)

Idaho law makes it illegal to knowingly share, publish, or sell an identifiable person's nude or sexually explicit image without their consent when the distributor knew or should have known the image was intended to remain private and acts with the intent to harass, intimidate, threaten, humiliate, degrade, or otherwise harm the person. The law generally does not apply to images voluntarily exposed in public settings or disclosures made in the public interest. A violation is a felony.

Penal Code: 740 ILCS 190/10 (Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act)

Illinois law allows a person to sue someone who intentionally shares or threatens to share a private sexual image without consent when the person knew or recklessly disregarded that the image was private, nonconsensual, and identifiable. Consent to create the image or previous consensual sharing of the image does not, by itself, mean the person consented to further distribution. A successful plaintiff may recover actual damages, up to $10,000 in statutory damages, profits earned from the disclosure, punitive damages, attorney’s fees, and court orders requiring the image’s removal.

Penal Code: Ind. Code § 35-45-4-8

Indiana law makes it illegal to knowingly distribute another person's intimate image without their consent when the distributor knows or reasonably should know the depicted person did not consent to the disclosure. The law applies to sexually explicit images and nude images that were created by or shared directly with the recipient in a private context. A violation is a Class A misdemeanor, but becomes a Level 6 felony for repeat offenders.

Penal Code: Iowa Code § 708.7(1)(a)(5)

Iowa law makes it harassment to intentionally disseminate, publish, distribute, or post a photograph or video showing another person nude or engaged in a sex act when the distributor knows the person did not consent to the disclosure. When charged under Iowa's harassment statute, this conduct can constitute harassment in the first degree, which is an aggravated misdemeanor.

Penal Code: K.S.A. § 21-6101(a)(8)

Kansas law makes it illegal to knowingly share an identifiable adult's nude or sexually explicit image without their consent when the person had a reasonable expectation of privacy and the disclosure is intended to harass, threaten, or intimidate them. The law also prohibits sharing images that were originally obtained through unlawful recording. A violation constitutes breach of privacy, which is generally a severity level 8 person felony under Kansas law.

Penal Code: KRS § 531.120

Kentucky law makes it illegal to intentionally distribute a person's private sexually explicit image without their consent when the disclosure is intended to profit from, harm, harass, intimidate, threaten, or coerce the depicted person, and would cause a reasonable person harm. Consent to create or share an image with a specific person does not automatically permit further distribution. A first offense is generally a Class A misdemeanor, but repeat offenses or disclosures made for profit can be charged as Class D or Class C felonies.

Penal Code: La. R.S. § 14:283.2

Louisiana law makes it illegal to intentionally disclose an identifiable person's private nude image without their consent when the image was obtained under circumstances indicating it was meant to remain private and the disclosure is intended to harass or cause emotional distress. The law generally does not apply to disclosures made for law enforcement purposes, reporting crimes, matters of public interest, or images voluntarily exposed in public. A violation is punishable by up to 2 years imprisonment, a fine of up to $10,000, or both.

Penal Code: 17-A M.R.S. § 511-A

Maine law makes it illegal to knowingly disseminate, display, or publish an identifiable person's nude or sexually explicit image without their consent when the disclosure is intended to harass, torment, or threaten the person and serves no public or newsworthy purpose. The law generally does not apply to medical treatment, images voluntarily exposed in public or commercial settings, or content hosted by online service providers. A violation is a Class D crime.

Penal Code: Md. Code, Crim. Law § 3-709

Maryland law makes it illegal to coerce someone into sexual activity or into creating a nude or sexually explicit image or video by threatening to harm their reputation, finances, property, emotional well-being, or physical safety. This offense, commonly referred to as sextortion, is a misdemeanor punishable by up to 10 years in prison, a fine of up to $10,000, or both.

Signed into law on June 20, 2024.  More details will be provided soon.

Penal Code: MCLS § 750.145e

Michigan law makes it illegal to intentionally disseminate an identifiable adult's sexually explicit image without their consent when the image was obtained under circumstances indicating it was meant to remain private and the disclosure is intended to threaten, coerce, or intimidate the depicted person. The law includes nude and sexually explicit photographs or videos and contains exceptions for news reporting, artistic works, law enforcement activities, and crime reporting. A violation is a criminal offense punishable under MCLS § 750.145f.

Penal Code: Minn. Stat. § 617.261

Minnesota law makes it illegal to intentionally disseminate an identifiable person's nude or sexually explicit image without their consent when the distributor knew or should have known the image was created or obtained under circumstances giving the person a reasonable expectation of privacy. Consent to create or possess the image is not a defense. A violation is generally a gross misdemeanor, but may be punished by up to 3 years imprisonment, a $5,000 fine, or both if aggravating factors are present, such as intent to harass, intent to profit, posting the image online, causing financial loss, or prior convictions.

Penal Code: Miss. Code § 97-29-64.1

Mississippi law makes it illegal to disclose an identifiable person's nude or sexually explicit image without their consent when the image was intended to remain private, the disclosure is intended to harm the person, and the disclosure causes harm. The law also prohibits threatening to disclose such images in exchange for a benefit and promoting nonconsensually disclosed intimate images on websites owned or operated by the offender. A first offense is a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine, while repeat offenses or disclosures made for financial profit are felonies punishable by up to 1 year imprisonment and/or a $2,000 fine.

Penal Code: § 573.110 R.S. Mo.

Missouri law makes it illegal to intentionally share an identifiable adult's nude or sexually explicit image without their consent when the image was obtained under circumstances indicating it was meant to remain private and the disclosure is intended to harass, threaten, or coerce the depicted person. The law does not apply to disclosures made for criminal investigations, reporting unlawful conduct, public or commercial exposures, or other lawful public purposes. A violation is a Class D felony and may also result in a civil lawsuit, with successful victims entitled to $10,000 or actual damages (whichever is greater), plus attorney's fees.

Penal Code: 45-8-213(1)(d) MCA

Montana law makes it illegal to intentionally publish or distribute an identifiable person's nude or sexually explicit image without their consent when the disclosure is intended to terrify, intimidate, threaten, harass, or injure the depicted person. The law generally does not apply to images voluntarily exposed in public, disclosures made in the public interest, law enforcement or legal proceedings, or historic, artistic, scientific, or educational materials. A first offense is punishable by up to 6 months in jail and/or a $500 fine, with increased penalties for repeat offenses, including up to 5 years in prison and a $10,000 fine for a third or subsequent conviction.

Penal Code: R.R.S. Neb. § 28-311.08(4)

Nebraska law makes it illegal to knowingly distribute or make public another person's nude or sexually explicit image without their consent when the person had a reasonable expectation that the image would remain private and the disclosure serves no legitimate purpose. The law also prohibits threatening to disclose such images to intimidate, threaten, or harass someone. A violation is generally a Class I misdemeanor, but a second or subsequent offense is a Class IV felony.

Penal Code: Nev. Rev. Stat. § 200.780

Nevada law makes it illegal to electronically distribute or sell an intimate image of an adult without their consent when the person had a reasonable expectation that the image would remain private and the disclosure is intended to harass, harm, or terrorize them. The law does not apply to disclosures made for legitimate public interests, reporting unlawful conduct, law enforcement purposes, investigations, or legal proceedings. A violation is a Category D felony, and a conviction does not require sex offender registration.

Penal Code: RSA 644:9(III)

New Hampshire law makes it illegal to knowingly distribute or cause the distribution of a photograph or video of oneself engaging in sexual activity with another person without the express consent of the other person or persons depicted in the image or recording. A violation is a Class A misdemeanor.

Penal Code: N.J. Stat. § 2C:14-9(c)

New Jersey law makes it illegal to knowingly disclose, without consent, a nude or sexually explicit image of another person that was created under circumstances where the person had a reasonable expectation of privacy. "Disclose" includes sharing, posting, publishing, distributing, or making the image available online or by any other means. A violation is a third-degree crime, and courts may impose a fine of up to $30,000.

Penal Code: N.M. Stat. § 30-37A-1

New Mexico law makes it illegal to distribute, publish, or otherwise make available a person's sensitive image without their consent when the disclosure is intended to harass, humiliate, intimidate, threaten, or cause substantial emotional distress, and would cause a reasonable person substantial emotional distress. The law does not apply to internet service providers or disclosures made for legitimate public purposes, such as news reporting. A first offense is a misdemeanor, while a second or subsequent offense is a fourth-degree felony.

Penal Code: N.Y. Penal Law § 245.15

New York law makes it illegal to intentionally share or publish an identifiable person's nude or sexually explicit image without their consent when the disclosure is intended to harm the person's emotional, financial, or physical well-being and the image was created under circumstances where the person reasonably expected it would remain private. The law does not apply to disclosures made for law enforcement, legal proceedings, reporting unlawful conduct, legitimate public purposes, or images voluntarily exposed in public settings. A violation is a Class A misdemeanor.

Penal Code: N.C. Gen. Stat. § 14-190.5A

North Carolina law makes it illegal to knowingly disclose an identifiable person's nude or sexually explicit image without their consent when the disclosure is intended to coerce, harass, intimidate, demean, humiliate, or cause financial harm, and the image was obtained without consent or under circumstances indicating it was meant to remain private. The law does not apply to public exposures, disclosures made in the public interest, or content hosted by online service providers. For adults, a violation is a Class H felony. Victims may also sue for damages, attorney's fees, and destruction of the image.

Penal Code: N.D. Cent. Code § 12.1-17-07.2

North Dakota law makes it illegal to knowingly or intentionally distribute an intimate image of an adult to a third party without the person's consent when the image was created or shared under circumstances giving the person a reasonable expectation of privacy and the disclosure causes actual emotional distress or harm. The law does not apply to law enforcement activities, court proceedings, crime reporting, medical practices, or images voluntarily exposed in public or commercial settings. A violation is a Class A misdemeanor.

Penal Code: ORC § 2917.211

Ohio law makes it illegal to knowingly disseminate an identifiable adult's nude or sexually explicit image without their consent when the disclosure is intended to harm the depicted person. The law does not apply to disclosures made for law enforcement purposes, reporting unlawful conduct, news reporting, artistic works, medical treatment, other lawful public purposes, or images voluntarily exposed in places where there is no reasonable expectation of privacy. A first offense is a third-degree misdemeanor, with enhanced penalties for repeat offenses. Victims may also bring a civil lawsuit against the offender.

Penal Code: 21 Okla. Stat. § 1040.13b

Oklahoma law makes it illegal to intentionally share an identifiable adult's nude or sexually explicit image without their consent when the image was expected to remain private and the disclosure is intended, or would reasonably be expected, to harass, intimidate, or coerce the depicted person. The law does not apply to disclosures made for criminal investigations, reporting unlawful conduct, lawful public purposes, or images voluntarily exposed in public or commercial settings. A violation is generally a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine, but becomes a felony punishable by up to 4 years in prison if the offender gains or attempts to gain financially from the disclosure.

Penal Code: ORS § 163.472

Oregon law makes it illegal to knowingly disclose an identifiable person's nude or sexually explicit image without their consent when the disclosure is intended to harass, humiliate, or injure the person, and the disclosure actually causes harm that a reasonable person would also experience. The law does not apply to law enforcement activities, legal proceedings, reporting unlawful conduct, disclosures serving a lawful public interest, or images voluntarily exposed in public. A violation is generally a Class A misdemeanor, but becomes a Class C felony for repeat offenders.

Penal Code: 18 Pa.C.S. § 3131

Pennsylvania law makes it illegal to intentionally share a nude or sexually explicit image of a current or former sexual or intimate partner with the intent to harass, annoy, or alarm that person. Consent to the disclosure is a defense. A violation is generally a second-degree misdemeanor, but becomes a first-degree misdemeanor if the depicted person is a minor.

For nonconsensual image sharing (not voyeurism or sextortion):

Penal Code: R.I. Gen. Laws § 11-64-3

Rhode Island law makes it illegal to intentionally disseminate, publish, or sell an identifiable adult's nude or sexually explicit image without their consent when the image was created or obtained under circumstances indicating it was meant to remain private and the distributor knows or recklessly disregards that the disclosure will cause harm, or acts with the intent to harass, intimidate, threaten, or coerce the depicted person. A first offense is a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine, while a second or subsequent offense is a felony punishable by up to 3 years in prison and/or a $3,000 fine.

Signed into law on May 12, 2024. More details will be provided soon.

Penal Code: S.D. Codified Laws § 22-21-4(2)

South Dakota law makes it illegal to use, disclose, or disseminate a nude or sexually explicit image that was created without the depicted person's knowledge or consent when the disclosure is intended to self-gratify, harass, embarrass, or invade the person's privacy. A violation is generally a Class 1 misdemeanor, but may be charged as a Class 6 felony if the victim is 17 years old or younger and the offender is at least 21 years old.

Penal Code: Tenn. Code § 39-17-318

Tennessee law makes it illegal to distribute an identifiable person's nude or sexually explicit image with the intent to cause emotional distress when the image was created under an agreement or understanding that it would remain private and the depicted person actually suffers emotional distress as a result. A violation is a Class A misdemeanor.

Penal Code: Tex. Penal Code § 21.16

Texas law makes it illegal to disclose an identifiable person's nude or sexually explicit image without their consent when the image was intended to remain private, the disclosure is intended to harm the depicted person, the disclosure causes harm, and the person's identity is revealed. The law also prohibits threatening to disclose such images for a benefit and promoting nonconsensually disclosed intimate images on websites owned or operated by the offender. Consent to create or share the image with the offender is not a defense. A violation is a state jail felony.

Penal Code: Utah Code § 76-5b-203

Utah law makes it illegal to knowingly distribute, copy, or share an adult's intimate image without their consent when the image was created or provided under circumstances giving the person a reasonable expectation of privacy and the disclosure would cause, and does cause, emotional distress or harm. The law does not apply to law enforcement activities, court proceedings, crime reporting, medical practices, public exposures, lawful commercial images, or matters of public concern. A violation is generally a Class A misdemeanor, but becomes a third-degree felony for repeat offenders.

Penal Code: 13 V.S.A. § 2606

Vermont law makes it illegal to knowingly disclose an identifiable person's nude or sexually explicit image without their consent when the disclosure is intended to harm, harass, intimidate, threaten, or coerce the person and would cause a reasonable person harm. Consent to creating the image does not by itself constitute consent to share it. A violation is punishable by up to 2 years imprisonment and/or a $2,000 fine, and if the disclosure is made for financial profit, the penalty increases to up to 5 years imprisonment and/or a $10,000 fine. Victims may also bring a civil lawsuit and seek court orders requiring the disclosure to stop.

Penal Code: Va. Code § 18.2-386.1

Virginia law makes it illegal to knowingly create a nude or sexually explicit image of a person without their consent in a place where they have a reasonable expectation of privacy, such as a restroom, dressing room, locker room, hotel room, bedroom, or similar location. The law also prohibits "upskirting" by secretly recording a person's intimate areas or undergarments from beneath their clothing. A violation is generally a Class 1 misdemeanor, but is a Class 6 felony if the victim is under 18 years old.

Note: This statute primarily addresses the nonconsensual creation of intimate images (voyeurism), not the later dissemination of consensually created intimate images.

Penal Code: Va. Code § 18.2-386.2

Virginia law makes it illegal to maliciously disseminate or sell a nude or sexually explicit image of another person without their consent when the offender knows or has reason to know they are not authorized to share the image and does so with the intent to coerce, harass, or intimidate the depicted person. A violation is a Class 1 misdemeanor.

Penal Code: Wash. Rev. Code § 9A.86.010

Washington law makes it illegal to knowingly disclose another person's intimate image without their consent when the image was obtained under circumstances indicating it was meant to remain private and the offender knew or should have known that the disclosure would cause harm. The law does not apply to public exposures, disclosures made in the public interest, or certain law enforcement and legal activities. A first offense is a gross misdemeanor, while a subsequent offense is a Class C felony.

Penal Code: W. Va. Code § 61-8-28a

West Virginia law makes it illegal to knowingly disclose or threaten to disclose a person's nude or sexually explicit image without their consent when the image was created under circumstances giving the person a reasonable expectation of privacy and the disclosure is intended to harass, intimidate, threaten, humiliate, embarrass, or coerce the depicted person. A first offense is a misdemeanor punishable by up to 1 year in jail and a fine of $1,000–$5,000, while a second or subsequent offense is a felony punishable by up to 3 years in prison and a fine of $2,500–$10,000.

Penal Code: Wis. Stat. § 942.09(3m)

Wisconsin law makes it illegal to knowingly post or publish a private nude or sexually explicit image of another person without that person's consent. The law does not apply to law enforcement activities, newsworthy or public-interest disclosures, or content hosted by online service providers. A violation is generally a Class A misdemeanor, but becomes a Class I felony if the depicted person is under 18 years old.

Penal Code: Wyo. Stat. § 6-4-306

Wyoming law makes it illegal for an adult to disseminate another person's intimate image without their consent when the offender knew or should have known the image was expected to remain private and acted with the intent to humiliate, harm, harass, threaten, coerce, or obtain sexual gratification. A violation is a misdemeanor punishable by up to 1 year imprisonment, a fine of up to $5,000, or both.