What Legally Qualifies as Revenge Porn?

When Sharing Crosses the Line Into Illegality

There’s a difference between private and public, and when someone drags your intimate life into the open without permission, that line isn’t just crossed. It’s obliterated. If you’ve had personal photos or videos shared without your consent, it may not only feel devastating, it may be illegal under New York law. Our sexual abuse attorneys understand how painful and violating this kind of betrayal can be. It’s not just about humiliation, it’s about control, fear, and the emotional toll it takes on your daily life.

At Horn Wright, LLP, we know that no two cases look exactly the same. But we also know how to spot the patterns, manipulation, digital coercion, and the weaponization of private moments. Whether you’re dealing with a former partner, a stranger online, or someone using your image as a threat, we help you take legal action. You don’t need to suffer in silence or wait for it to get worse. There are ways to fight back, and we’re here to guide you through them with compassion and precision.

New York’s Definition of Revenge Porn Under State Law

Until a few years ago, New York lagged behind in protecting victims of non-consensual pornography. That changed with the passage of New York Penal Law § 245.15, which specifically criminalizes the unlawful publication of intimate images. This law recognizes what so many survivors already knew, that digital abuse can be just as devastating as physical violence.

To meet the definition under this statute, a case must include these elements:

• The image shows nudity or sexual activity.
• The person is identifiable through appearance or additional information.
• The content was shared without that person’s permission.
• The person who shared the image intended to cause harm.

In addition to criminal charges, this law gives victims the right to seek removal of the image from internet platforms. Judges can issue take-down orders, which require companies to act quickly. This is a major win for those trying to stop the cycle of ongoing exposure.

Our sexual abuse attorneys use both state law and civil codes to pursue justice. We understand how to frame your case within this legal structure so that it gets taken seriously, and acted on swiftly.

The Role of Consent in Determining Legality

Consent isn’t a one-time thing. You can say yes to a private image in the moment and still have the full right to say no to sharing it later. New York law draws a bright line between sharing something within a relationship and broadcasting it to others without permission.

In legal terms, consent must be:

• Voluntary — given freely, without pressure or manipulation.
• Specific — for a particular use or audience.
• Ongoing — something you can revoke at any time.

Even if you once sent the image willingly, that doesn’t give someone lifelong permission to do whatever they want with it. And if they share it after a breakup or during a conflict, with the intent to cause harm, the law is likely on your side.

New York courts evaluate texts, social media posts, and even past communications to determine if consent was present, and whether it was later ignored. Your control over your image doesn’t disappear when a relationship ends.

Examples of Content That Qualifies as Revenge Porn

Many people don’t report revenge porn because they’re unsure whether their situation counts under the law. The shame, the confusion, the fear, it can be paralyzing. But New York law covers more types of content than most victims realize.

Content that may legally qualify includes:

• Photos or videos sent privately, even if originally consensual, then distributed to others without approval.
• Recordings from video calls, such as FaceTime or Zoom, where nudity or sexual activity was involved.
• Hidden recordings, including footage taken without your knowledge in bathrooms, bedrooms, or dressing rooms.

And it’s not just about the image itself. The way it’s shared matters. If your photo was posted to a revenge website, used in a group message, or emailed to your coworkers, the court will consider that context when determining harm and intent.

If you’re unsure whether your experience falls under the law, we’ll help you find the answer. Because understanding your situation is the first step toward getting the protection you deserve.

Unlike Vermont, New York Provides Both Civil and Criminal Remedies for Victims

Some states still treat revenge porn as a “personal matter” instead of a legal issue. Vermont, for example, offers limited criminal enforcement, with narrow definitions and few civil options. New York takes a more survivor-focused approach by offering both civil and criminal remedies, and that's a game-changer.

Here's what New York law allows:

• Criminal prosecution of the offender under Penal Law § 245.15, which can lead to jail time and fines.
• Civil lawsuits under New York Civil Rights Law §§ 50 and 51, letting you seek money damages for emotional distress, lost wages, and therapy costs.
• Restraining orders to prevent further contact or dissemination of images.

This combination gives victims flexibility. Maybe you want to press charges. Maybe you want a restraining order. Maybe you just want compensation for the emotional toll this has taken. In New York, you don’t have to pick one path, you can choose the options that best meet your needs.

Our sexual abuse attorneys help you weigh those options carefully. We'll build a strategy that reflects what justice looks like to you.

Why Intent Matters in Revenge Porn Cases

One of the first things New York courts look for is motive. Was this an honest mistake, or was it meant to hurt someone? Revenge porn cases hinge on proving intent to cause harm, and that’s what separates them from less serious infractions.

What counts as harmful intent?

• Threatening to post the image unless certain demands are met.
• Posting the image after a breakup or argument, with the goal of shaming or punishing.
• Sharing content widely, especially if done anonymously or with mocking commentary.

The person behind the post doesn’t need to admit their intentions. Prosecutors and civil attorneys often use digital trails, texts, DMs, emails, metadata, to show exactly what someone was trying to do.

If the intent is clear, the legal path becomes much stronger. It also opens the door to higher damages in civil cases. Judges take malicious intent seriously, especially when there's a pattern of harassment or emotional abuse behind it.

How Courts Distinguish Between Privacy and Free Speech

Defendants often claim they had a right to share what they did. They say it’s “freedom of expression” or argue that it wasn’t posted to cause harm. But under New York law, that defense only goes so far.

Courts look closely at the balance between privacy rights and free speech, and here’s what matters most:

• If the image was taken or shared within a private setting, it is not considered public information.
• If the purpose of sharing was to harass, intimidate, or embarrass, free speech protections don’t apply.
• New York Civil Rights Law reinforces the right to control your likeness, especially in sexual or intimate contexts.

It’s not about stifling expression, it’s about protecting people. And judges across New York have consistently ruled that using intimate images as a weapon crosses the line into unlawful behavior.

We follow every update in case law to stay ahead of how these arguments evolve. That way, you get advice rooted in what actually holds up in court, not just legal theory.

Horn Wright, LLP, Can Tell You If Your Case Meets the Legal Standard

Not every story fits neatly into a law book, but that doesn’t mean you don’t have a case. If someone shared a private image of you without consent, and you’re unsure what steps to take, talk to us. Our sexual abuse attorneys can explain whether your situation meets the legal definition of revenge porn under New York law and what action makes the most sense for your future.

At Horn Wright, LLP, we’ve handled sensitive, high-stakes digital abuse cases throughout the state. We know how to move fast, stay discreet, and get results. If you're ready to hire one of the best law firms in America, let’s take this next step together — your voice deserves to be heard.