Revenge porn, the unauthorized distribution of explicit images or videos of someone without their consent, is a growing concern with serious legal and emotional consequences. At Stallard & Bellof, we’re committed to helping victims navigate this challenging situation and protect their rights under North Carolina law.
Here’s what you need to know about revenge porn, its impact, and how the law can provide remedies for victims.
What Is Revenge Porn?
Revenge porn involves sharing private, explicit images or videos of someone without their consent, often with the intent to harm, harass, or embarrass the victim.
After a Breakup
- A person posts explicit photos of their ex-partner on group chat, on forums, or through social media to embarrass or humiliate them.
- A video of a private moment is uploaded to adult websites with identifying details, such as the victim’s name or contact information.
- A photo is circulated within a workplace or community group, damaging the victim’s reputation.
Hacking
- Someone hacks into a person’s phone, cloud storage, or email to steal intimate photos or videos and then distributes them online.
- An unknown individual gains access to and shares private content from a couple’s device without their knowledge.
Manipulated Content
- Real photos are altered to create explicit or compromising images (sometimes referred to as “deepfakes”) and then shared as if they were real.
- Old photos are repurposed with fabricated captions claiming new or more explicit contexts.
The emotional toll on victims can be devastating, with long-lasting effects on their mental health, relationships, and professional life.
North Carolina's Legal Protections Against Revenge Porn
In North Carolina, revenge porn is both a criminal offense and a civil wrong under § 14-190.5A: Disclosure of Private Images; Civil Action. The law provides criteria for determining whether an act constitutes revenge porn:
- The offender knowingly disclosed an image or video with the intent to coerce, harass, demean, or cause financial harm to the victim.
- The victim is identifiable in the image or video.
- The material depicts intimate parts or sexual conduct.
- The disclosure occurred without the victim’s affirmative consent.
- The offender obtained the image without the victim’s consent or under circumstances where privacy was expected.
Criminal Consequences
- Adults (18+ years old) committing revenge porn face a Class H felony.
- For individuals under 18, a first offense is a Class 1 misdemeanor, while subsequent offenses are Class H felonies.
Remedies Available to Victims
Victims of revenge porn in North Carolina can pursue both criminal charges and civil remedies. Civil action allows victims to seek financial compensation, which may include:
- Actual Damages: Calculated at $1,000 per day for each day the violation continues or a minimum of $10,000, whichever is higher.
- Punitive Damages: Designed to penalize the offender for malicious behavior.
- Attorney’s Fees and Costs: Reimbursement for legal expenses incurred during litigation.
One notable case in North Carolina resulted in a jury awarding over $2 million to a victim—a testament to the seriousness of this crime and the potential for justice through the legal system.
Proactive Measures to Protect Yourself
With technology enabling the rapid sharing of private images, proactive measures are essential to protect your privacy and prevent exploitation:
- Be Cautious with Intimate Content: Avoid sharing explicit images or videos unless you have complete trust in the recipient.
- Prenuptial and Separation Agreements: Some couples draft agreements that prohibit sharing content likely to harm their partner’s reputation in case of disputes.
- Know Your Rights: Familiarize yourself with laws in your state to understand how to address unauthorized disclosures if they occur.
We’re Here to Help
If you or someone you know has been a victim of revenge porn, don’t hesitate to seek legal assistance. Stallard & Bellof is committed to helping victims reclaim their dignity and obtain justice. Our attorneys are experienced in handling sensitive cases and can guide you through the process of protecting your rights.
Krista Stallard
Krista Stallard is an experienced family law attorney specializing in divorce and custody cases, passionate about alternative dispute resolution, and committed to providing excellent legal representation to her clients.
Contact us today to schedule a confidential consultation and take the first step toward resolving your case. You don’t have to face this alone—we’re here to stand by your side.
