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EspañolIs it a crime for someone to take or record private or intimate video or images of me without my knowledge or consent?
It depends. Taking video or photographs of a person committing sexual acts or in a nude or semi-nude state without his/her consent is usually a criminal act if the pictures or videos are taken in a place where you can reasonably expect to have privacy. For example, if someone places a hidden camera in your bathroom or bedroom and without your knowledge, this is almost always illegal. However, if you are on a nude beach or in a public park and someone takes a video of you nude or doing sexual acts, it may not be illegal to share these images since you likely cannot expect to have privacy in that public place. Again, the specific laws in your state will make it clear what is and is not illegal.
In some states, the same law that prohibits sharing intimate images may also address the act of capturing images without your knowledge or consent. In many states, crimes that cover both behaviors may be called violation of privacy or invasion of privacy. However, in other states, the act of capturing your image without your consent may be covered under a different law, often known as voyeurism or unlawful surveillance. You can look for the actual crimes in your state on our Crimes page by entering your state in the drop-down menu.
If someone shares my sexual or personal images, is that a crime? What is the crime commonly called?
In many states, there are laws addressing nonconsensual image sharing, which is also commonly known as nonconsensual pornography or revenge porn. These laws generally prohibit anyone from taking or distributing intimate photographs or videos without the consent of the person shown in the photo or video, or even threatening to do so. Some states’ nonconsensual image sharing laws also specifically prohibit the stealing of personal content, such as images, from a computer or other technological device (in states where there is not a specific nonconsensual image law, stealing of images or content from a device would fall under another law). The term “sharing” refers to the abuser distributing the content in any way, which could include sending it to others over text message or email, posting it on a website, social networking site, or app, or even printing out the pictures and mailing them to others.
The specific name of this crime and the exact definition varies by state. For example, if a person shares intimate photographs or videos of you, these crimes are often referred to as unlawful dissemination of intimate images or unlawful disclosure of private images. In some states, the threat to share or publish photos or videos can also be a crime, even if they are never actually shared. If the images are taken without your consent or your knowledge, these crimes often are called unlawful surveillance or invasion of privacy. If images are stolen from your computer, that behavior may be covered under a data theft or computer crime law in your state. You can look for the actual crimes in your state on our Crimes page by entering your state in the drop-down menu.
Additionally, other laws could apply to the abuser’s behavior, depending on the situation. If the abuser is threatening to share the picture unless you provide him/her with money or property, blackmail or extortion laws may apply. The exact laws that may be able to protect you will be different depending on the language of your state’s laws and the facts of your situation. A lawyer in your state may be able to give you legal advice about which laws in your state apply.
Can I request a restraining order if the abuser has posted an intimate image of me online?
If the abuser made a threat to send intimate pictures of you to another person or to post them online, or if the abuser actually did post intimate pictures, this may be considered a crime. It could come under your state’s harassment crime or there may be a specific crime in your state that prohibits posting intimate images without consent. If this is criminal behavior in your state, you may have the option of reporting that crime to police if you wish to do so.
If there is a crime that covers this behavior in your state, it may also be enough to qualify you for a restraining order. In other states, the legal reasons for getting a restraining order may not cover the threat to reveal sexual images that weren’t yet posted or the posting of images. If you qualify for a restraining order, you may file for one and specifically ask for the order to include a term that states that the abuser cannot post any images of you online and/or that orders the abuser to remove any current images. For information about filing a restraining order in your state and the legal reasons (grounds) for which an order can be granted, please see our Restraining Orders page.
