The Virginia Defamation Law Blog
Revenge porn is generally defined as a form of online harassment in which sexually explicit photographs or videos of another individual (usually a former partner) are either taken or shared with others without the consent of the person shown in the images. Perceived “revenge” is sometimes the motive, but not always. Sometimes images are circulated merely for titillation or profit. For this reason, some prefer to use terms like “nonconsensual pornography” or “sexual cyberharassment.” Whatever you call it, if images are shared without the consent of the subject, the results can be devastating to victims and can lead to public degradation, social isolation, and professional humiliation.
Revenge porn laws differ from state to state. Virginia law allows victims to sue for damages and reimbursement of attorneys fees, and makes several forms of revenge porn punishable as a crime. Virginia law is not as tough on revenge porn as some other states, however. In Virginia, the dissemination of nude photos taken with the subject’s consent (e.g., selfies) will generally not be punishable under Virginia’s revenge-porn statutes absent an intent to coerce, harass, or intimidate. So while motive usually doesn’t matter much from the perspective of the victim, it can make all the difference in terms of legal remedies available.