Can Revenge Porn Perpetrators Face Criminal Charges?

Revenge Porn Is Not Just a Civil Wrong, It Can Be a Crime

When someone shares your intimate images without consent, the harm feels overwhelming. Victims often first think of it as a deeply personal betrayal, but the reality is more far-reaching. This is not just a private matter between two people, it can rise to the level of a crime.

Civil lawsuits allow you to pursue damages, seek injunctions, and reclaim some sense of control. But criminal charges go further. They place the power of the state behind you, punishing offenders with fines, probation, or even jail time. That layer of accountability matters because it shows society takes the harm seriously. Our sexual abuse attorneys at Horn Wright, LLP, explain these distinctions to survivors every day, helping them decide whether to press charges, file a civil suit, or pursue both simultaneously.

New York Criminal Laws on Nonconsensual Pornography

New York criminal law addresses revenge porn directly. Penal Law § 245.15 makes it a crime to knowingly disclose an intimate image without the depicted person’s consent and with intent to cause harm. This offense is classified as a misdemeanor but can carry serious penalties, especially when combined with other criminal charges.

The statute is broad. It covers images or videos that show sexual activity, nudity, or private body parts, as long as the person is identifiable. Identification doesn’t require a full-face shot. Tattoos, a voice, or even a bedroom background may be enough.

Prosecutors can also use related statutes, such as stalking laws (Penal Law § 120.45) or aggravated harassment (Penal Law § 240.30), when the distribution is part of a pattern of intimidation. This layered approach means perpetrators may face multiple charges, increasing their exposure to criminal penalties.

When Prosecutors Decide to File Charges

Prosecutors don’t file every case they hear about. They weigh the available evidence, the strength of the law, and the likelihood of conviction. This is why presenting organized, compelling proof is so important.

Charges are most likely when:

• Victims provide strong documentation. Screenshots, URLs, and metadata showing the defendant’s account linked to the upload help prosecutors connect the dots. Without them, cases may be harder to pursue.
• The distribution is broad. Sharing images privately with one person may not always lead to charges, but uploading them to a public forum or social media revenge porn account shows clear intent to humiliate. Prosecutors treat these cases more aggressively.
• There are aggravating factors. Threats, repeated postings, or attempts at extortion elevate a case in prosecutors’ eyes. A single post may be troubling, but a pattern of abuse strengthens the criminal argument.

Attorneys play a critical role here. They don’t replace prosecutors, but they organize evidence and frame the case so it’s easier for law enforcement to move forward.

How Criminal and Civil Claims Work Together

A common misconception is that victims must choose between a civil lawsuit and a criminal prosecution. In reality, you can pursue both. Each serves a different purpose. Civil law focuses on compensation and removal of content. Criminal law focuses on punishment and deterrence.

Consider this: an ex uploads explicit videos to an adult website revenge porn forum. Prosecutors may charge the offender criminally under Penal Law § 245.15. At the same time, you can file a civil lawsuit under Civil Rights Law §§ 50 and 51, seeking damages for reputational harm and emotional distress. These processes complement each other. Evidence collected in one case often helps the other, and civil claims can move forward even if prosecutors decide not to press charges.

Maine Criminal Penalties Are Narrower Than Those in New York

The strength of revenge porn laws varies dramatically from state to state. Maine, for example, criminalizes nonconsensual pornography but provides narrower penalties. The law is less detailed, leaving prosecutors with fewer options. Victims in Maine may find it harder to obtain meaningful criminal convictions or long-lasting protection.

By contrast, New York has developed a more comprehensive system. Criminal prosecutions under Penal Law § 245.15 work in tandem with civil remedies under Civil Rights Law §§ 50 and 51. Prosecutors in New York have successfully brought charges, and courts are more willing to impose protective orders and grant relief.

For survivors whose cases cross state lines, such as when a Maine resident shares content accessible in New York, attorneys often push to file in New York. Doing so ensures broader remedies and stronger enforcement.

Why Criminal Charges Provide Additional Leverage

Civil lawsuits already put pressure on perpetrators, but criminal charges increase that pressure dramatically. Offenders who know they may face jail are often quicker to settle civil cases. They want to avoid a criminal record, public exposure, and the possibility of incarceration.

Criminal charges create leverage because:

• They show seriousness. A defendant facing both civil damages and criminal prosecution knows the case won’t just fade away. That perception often drives quicker negotiations.
• They force compliance. Judges in criminal cases can impose protective orders that overlap with civil injunctions, doubling the mechanisms available to victims.
• They validate harm. When the state prosecutes, it affirms that revenge porn is not just a “private matter.” This recognition can be deeply empowering for survivors.

At Horn Wright, LLP, we frequently see defendants become more cooperative once prosecutors are involved, making criminal charges a valuable tool in the fight for justice.

What Victims Can Expect From the Criminal Process

The criminal process feels unfamiliar to many survivors. It operates differently from civil court and requires patience. After you report, police may open an investigation. They collect statements, issue subpoenas, and gather digital evidence. If prosecutors believe the case is strong, they’ll file charges and move toward arraignment.

Victims should know:

• The timeline is unpredictable. Criminal cases can take months or even longer than a year. Backlogs, investigations, and procedural requirements all slow the process.
• Control lies with prosecutors. Once charges are filed, the District Attorney decides how to proceed. Victims provide input, but the ultimate decisions rest with the state.
• Your role is supportive, not central. Survivors may testify, but they aren’t responsible for running the case. Prosecutors and investigators carry that burden.

Even with these limits, criminal prosecutions matter. They hold perpetrators accountable publicly and send a clear message that the conduct is unacceptable.

Horn Wright, LLP, Helps Victims Pursue Both Civil and Criminal Justice

Revenge porn is more than a violation of privacy, it’s a crime that leaves lasting scars. Survivors deserve every available remedy, from financial compensation to criminal accountability. Our sexual abuse attorneys at Horn Wright, LLP, understand how to coordinate civil and criminal processes so you don’t have to choose one path over the other.

We’ve stood with victims in cases involving workplace revenge porn, blackmail threats, adult site postings, and social media exposure. Each case looks different, but our mission is consistent: full accountability. If you’re ready to rely on a firm nationally respected for defending victims of abuse, we’ll pursue justice for you in every courtroom available.