Revenge Porn and Sexual Cyberharassment Charges, Explained

At the time of this writing, “revenge porn” is generally the common name for sharing or posting sexually explicit images or videos of another person without that person’s consent, usually where the person had a reasonable expectation that the images would stay private. Florida calls this conduct sexual cyberharassment, Ohio and North Carolina address it in their own image-dissemination laws, and federal law now addresses certain nonconsensual intimate images, including AI-generated ones. The images may have been shared during a relationship, taken from a device or cloud account, or created or altered with AI.

Attorney Ron Frey has practiced criminal defense since 2004 and is licensed in Florida, Ohio, and North Carolina. Drawing on his experience handling many internet and computer crime cases, he has found that these cases often depend on consent, how the images were obtained and shared, and who actually posted them. Because legislatures have been changing these laws frequently, especially for AI-generated images, anyone accused, or anyone whose images were shared, should talk with an attorney about the current law.

What Is Revenge Porn or Sexual Cyberharassment Generally?

These laws generally make it a crime to publish or share a sexually explicit image of an identifiable person without consent, typically with the intent to cause emotional distress or for no legitimate purpose. Many of the laws apply whether or not the person originally agreed to the image being taken; the focus is usually on consent to share it. Some states have added separate offenses for altered or AI-generated sexual depictions (see AI-Generated Images and Deepfakes). If the person depicted was under 18, very different and much more serious laws generally apply.

State vs. Federal Cases

Most of these cases are prosecuted under state law. At the time of this writing, federal law also provides a civil claim for people whose intimate images were disclosed without consent, and a 2025 federal law (the TAKE IT DOWN Act) added criminal penalties for certain nonconsensual intimate images, including AI-generated “digital forgeries,” along with takedown duties for online platforms. How federal prosecutors will use the new law is still developing. See our post on computer and internet crimes in both state and federal court.

Common Evidence and How These Investigations Work

Evidence typically includes screenshots of posts, platform and account records, messages between the people involved, cloud storage records, and device forensics. Questions about who had access to the images, and who had access to the account that posted them, come up often. See our posts on social media evidence on Facebook, Snapchat, and cloud storage evidence.

How Attorney Ron Frey Approaches These Cases

Every case is different, but drawing on his experience handling many of these cases, Attorney Ron Frey generally looks closely at:

• Consent and expectation of privacy. What the people involved agreed to, and when.
• Who posted or shared the image. Shared devices, shared accounts, and hacked accounts are common issues.
• Whether the image is what it appears to be. Including whether it was altered or AI-generated and whether the person is actually identifiable.
• Intent. Many of these laws require a specific purpose, such as causing distress.
• The person’s background. Many people accused have no record. See our guide to a first-offense internet crime charge.

If Your Images Were Shared Without Consent

People whose images have been posted often want two things: to get the images taken down and to understand their legal options. Generally, it can help to preserve the posts, links, usernames, and messages before reporting them. Many platforms have reporting tools for nonconsensual intimate images, and federal and state laws may provide criminal and civil remedies. An attorney can help someone understand which options fit their situation.

What to Do If Contacted by Law Enforcement

These investigations often start with a call from a detective or an injunction petition filed by a former partner. In his experience, Attorney Ron Frey generally finds it wise for a person contacted about images or posts to rely on the right to remain silent and to have counsel involved before discussing the images, the relationship, or the accounts involved.

The Laws Involved

In Florida, revenge porn is generally addressed under Section 784.049, Florida Statutes (sexual cyberharassment), and altered or AI-generated images under Section 836.13, Florida Statutes (altered sexual depictions). In Ohio, these cases are typically charged under R.C. 2917.211 (dissemination of image of another person), and in North Carolina under G.S. 14-190.5A (disclosure of private images). In the federal system, 47 U.S.C. § 223(h) (intentional disclosure of nonconsensual intimate visual depictions), added by the TAKE IT DOWN Act, generally addresses these images, and 15 U.S.C. § 6851 (civil action relating to disclosure of intimate images) provides a civil claim. As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.

Why Talk With an Attorney About the Details?

A website can only offer a general picture. This is one of the fastest-changing areas of internet law, especially as legislatures respond to AI-generated images. It is important to discuss the details of any specific situation with an attorney at the time it arises.

Talk With Attorney Ron Frey About a Revenge Porn or Sexual Cyberharassment Case

If you are accused of sharing private images, are under investigation, or your own images were shared without consent, contact Attorney Ron Frey of The Frey Law Firm, LLC. You can also read more about internet sex crimes.

This page is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Laws change, and how they apply depends on the facts of each case.