Social media has made it faster for everyone to share content, but it has also made it easier for explicit material to get around. Some of this content is illegal and non-consensual, such as revenge porn, where an individual uploads or shares intimate photos or videos of an ex-partner without their consent to cause distress.
Even if the partner consented to taking the photos during the relationship, sharing or posting them without their permission is still a crime. In Maryland, revenge porn is considered a sex crime and can result in prison time and penalties.
What qualifies as an intimate image?
An intimate image is any media, such as photos, videos, films, or recordings, that expose any of the following:
- Human genitals, pubic or anal area with partial or without covering
- Female breasts with partial or no covering
- Individuals engaging in sexual activity
Understanding non-consensual pornography
Non-consensual pornography involves taking and distributing intimate images without the subject’s full knowledge and consent.
If you have their permission, taking personal photos of a lover or someone else is legal, but distributing those images without their authorization is illegal. It is also considered non-consensual pornography to secretly record someone undressing or having a sexual interaction.
Non-consensual pornography may also involve capturing or distributing non-sexual images of a person taken in a setting where they expect privacy, such as the bathroom or bedroom.
Receiving or watching revenge porn is currently not illegal. However, if the recipient shares the intimate image, they may face criminal charges as well, even if they were not the original leaker.
Criminal charges for revenge porn
Individuals found sharing or posting an intimate image without consent from the subject may face up to two years in jail or a fine of up to $5,000. Other factors, such as how the images were taken or the motive behind sharing them, may result in additional penalties. For example, if the individual was harassing or blackmailing their former partner, they may face criminal harassment or extortion charges.
In circumstances where the subject is a minor, sharing those intimate images may also fall under child pornography. Anyone found guilty of sharing or possessing child pornography must register as a sex offender.
Maryland is among the twenty states with statutes outlawing revenge porn. Even though the law regarding revenge porn is relatively new, the state is working hard to go after sex crime offenders.