Is Revenge Porn a Federal Crime?

Understanding Federal vs. State Laws

State and federal systems handle different parts of the problem. State laws cover most cases, especially when everyone involved lives in the same state or the content was posted by someone within that state’s jurisdiction.

Federal law often is applied when conduct crosses state or national borders, for example, when the poster, victim, and platform are in different states. This also occurs when Congress creates nationwide duties (like quick takedown rules for platforms).

As online abuse often spans multiple states, federal tools help close those gaps.

Does Federal Law Prohibit Revenge Porn?

Yes. In May 2025, Congress enacted the TAKE IT DOWN Act (S.146), a federal law that criminalizes the nonconsensual publication (or threats to publish) intimate images. This also includes certain AI-generated “deepfakes.”

It requires specified platforms to offer a notice-and-removal process, generally within 48 hours, after a victim reports NCII.

Before 2025, there was no standalone federal crime for adult revenge porn; prosecutors relied on other statutes. Advocacy groups for revenge porn victims have long pushed for a dedicated federal law and continue to watch how it’s implemented.

Federal Laws That May Apply to Revenge Porn

Even with the TAKE IT DOWN Act, prosecutors sometimes use related statutes, especially for interstate conduct or when additional crimes are involved. Some can include:

• Cyberstalking (18 U.S.C. § 2261A): Covers using electronic communications to harass or intimidate, causing fear of injury or substantial emotional distress. This is often applicable when NCII is part of a stalking campaign across state lines.
• Interstate communications / threats (18 U.S.C. § 875): Applies when someone transmits threats or extortion(e.g., “pay or I’ll post your nudes”) in interstate commerce.
• Obscenity / distribution (18 U.S.C. §§ 1462, 1465): In some circumstances, transporting pornographic material in interstate commerce may be charged alongside other offenses.

These laws don’t replace the TAKE IT DOWN Act, but they can supplement federal charges, especially where the conduct includes stalking, threats, or extortion.

Proposed Federal Legislation on Revenge Porn

Before the TAKE IT DOWN Act became law in 2025, several federal bills sought to criminalize revenge porn and address online image exploitation.

The ENOUGH Act (2017) was one of the first major attempts to make the nonconsensual sharing of intimate images a federal crime, but it failed to pass Congress.

A later proposal, the SHIELD Act (Stopping Harmful Image Exploitation and Limiting Distribution Act), introduced in 2023, gained broader bipartisan support. It made it a federal offense for knowingly distributing private sexual images without consent, emphasizing intent to cause harm as a key legal element.

The bill also expanded protections for minors and included penalties such as fines, imprisonment, and mandatory restitution for victims.

Although the SHIELD Act passed the Senate in 2024, it ultimately paved the way for the TAKE IT DOWN Act of 2025. This Act was the first comprehensive federal law addressing nonconsensual intimate image distribution and explicit deepfakes. Advocates continue to push for refinements to strengthen enforcement and victim protections.

Why a Federal Law Covering Revenge Porn Matters

A federal NCII law unifies victim’s protections across the country, reducing gaps between states’ definitions and penalties. It also simplifies prosecution for interstate and online revenge porn cases where servers, posters, and victims are in different states.

These laws establish nationwide obligations for platforms to remove reported images promptly. This prioritizes helping victims as quickly as possible while encouraging digital platforms to operate in good faith.

Can Federal Agencies Still Help Revenge Porn Victims?

Yes, even with state laws, federal agencies play key roles in helping victims. Some include:

• FBI Internet Crime Complaint Center (IC3): Accepts online crime reports (including sextortion and image-based abuse) and routes them to investigators.
• Federal Trade Commission (FTC): Publishes victim guidance on nonconsensual distribution of intimate images and, under the TAKE IT DOWN Act. It is referenced in public briefings as an enforcement partner for takedown obligations.
• DOJ task forces / U.S. Attorneys’ Offices: Coordinate cybercrime and stalking cases, often using bills § 2261A or § 875 when appropriate.

What Legal Action Can Revenge Porn Victims Take?

If you or someone you know is a victim of revenge porn, there are a few actions you can take to get help. Some ways to take action include:

• Filing a police report locally to trigger state criminal laws (all 50 states and D.C. now have NCII laws).
• Reporting to federal agencies (FBI IC3) if the case involves interstate elements, sextortion, or large-scale distribution.
• Using platform tools and, where applicable, notice-and-removal processes. Also, consider hashing to reduce re-uploads.
• Pursuing civil remedies under state law (privacy, IIED, NCII civil statutes) and any available federal civil claims, with help from an attorney.

Advocacy organizations like the Cyber Civil Rights Initiative (CCRI) offer step-by-step safety and reporting guidance, so you can get the support you or a loved one needs.

What’s Next in Federal Revenge Porn Legislation Efforts?

Federal revenge porn legislation is expected to gradually refine through agency guidance, court decisions, and potential amendments. This is especially the use of AI (i.e. AI deepfake images), better defining the duties of online platforms, and First Amendment rights.

Meanwhile, victims should use state NCII laws, file with local police, and consider civil action for damages. For cross-state issues, organizations like the CCRI can help victims and counsel understand multi-jurisdiction strategies.

Legal Support & Advocacy for Revenge Porn Victims

While revenge porn is now addressed by federal law, state protections are also strong and expanding.

Victims have concrete options: report, request removal, preserve evidence (i.e., screenshots/URLs), and seek legal help.

Staying informed, and reporting abuse regardless of jurisdiction, can stop further harm and support accountability among states, people and online platforms.

Federal Revenge Porn Law FAQs

Written by the Porn Addiction Editorial Staff