Can You Sue Someone for Revenge Porn?

This is a crime in many states, and victims can also sue in civil court to seek monetary damages, obtain court orders to remove content, and hold perpetrators accountable.

This guide explains when you can sue, potential damages, and how to start a case. You’ll also find support and legal resources at the end.

Criminal vs. Civil Cases for Revenge Porn

The state (a prosecutor) files criminal lawsuits in revenge porn cases. The goal is punishment, such as fines, probation, or jail. Victims may provide evidence and give impact statements, but prosecutors decide whether to file, drop, or negotiate charges.

Victims file civil lawsuits. The goal is accountability and compensation. For example, lawsuits can result in money damages, court-ordered takedowns, and, in some states, attorneys’ fees. You control whether to file or settle.

You can pursue a civil case even if no criminal charges are filed (or while a criminal case is pending). Several state civil statutes explicitly provide a private right of action for NDII, including injunctive relief and damages.

When Can You Sue Someone for Revenge Porn?

Even where a state doesn’t have a stand-alone civil NDII statute, survivors often rely on well-established civil claims.

Common claims include:

• Invasion of privacy: Publishing private, intimate images without consent intrudes on a person’s seclusion and exposes private facts to the public.
• Intentional infliction of emotional distress: Posting images to humiliate, threaten, or coerce can meet the “extreme and outrageous” standard.
• Defamation: If the post lies about you (e.g., false captions), you may claim reputational harm.
• Copyright infringement: If you took the photo/video (or otherwise own the copyright), you can use copyright law and the DMCA to demand removals and potentially sue infringers.

Many states also now have specific civil NDII statutes that sit alongside criminal laws, making it clearer and faster to get injunctions and damages.

States That Allow Civil Lawsuits for Revenge Porn

Laws change quickly, but several states expressly allow civil suits for NDII.

A few examples include:

• California: California civil codes create a private right of action, allow injunctions, and authorize reasonable attorneys’ fees for a prevailing plaintiff. It also permits filing under a pseudonym to protect privacy.
• New York: New York laws provide a private right of action and injunctive relief for unlawful dissemination of an intimate image.
• Texas: Texas allows damages for unlawful disclosure or promotion of intimate visual material, with added provisions addressing AI-generated “deepfake” intimate images.

Because statutes evolve (some states have added deepfake coverage or expanded remedies), check your state’s current law or speak with a lawyer before filing.

Damages Victims Can Claim in Revenge Porn Lawsuits

Victims can claim a variety of damages in a revenge porn lawsuit.

Depending on the state and the facts, potential civil remedies can include:

• Emotional distress and mental health costs: Anxiety, depression, counseling, and trauma-related care are compensable harms in many cases.
• Reputational harm and privacy damages: Courts may award damages for humiliation, loss of dignity, and reputational injury.
• Economic losses: Lost income or job opportunities, relocation expenses, and other out-of-pocket costs.
• Punitive damages: In egregious cases, courts may punish willful or malicious conduct.
• Attorney’s fees and costs (where authorized): For example, California’s statute permits reasonable fees to a prevailing plaintiff.
• Injunctions and takedown orders: Courts can order the defendant to stop distribution and remove content.

If you own the copyright to an image or video, you may also use DMCA takedown notices to force platforms and hosts to remove infringing copies (often faster than court orders).

How to File a Lawsuit for Revenge Porn

If you’re looking to file a lawsuit for revenge porn, there are several steps you can take.

These steps include:

• Talk to a lawyer: Find a lawyer who handles digital privacy, sexual privacy, or NDII cases. They can evaluate claims, potential defendants, and urgent injunctions.
• Collect and preserve evidence: Including screenshots (with timestamps), URLs, platform profiles, message threads, and witness names.
• Send preservation and takedown notices: Send notices where appropriate (platforms, search engines). If you own the content, consider DMCA notices while your case is pending.
• File a civil complaint in a court with jurisdiction: Many NDII statutes make clear that courts can hear cases when the defendant resides in the state or the content is published to people there; some specify further jurisdiction rules.

If the offender lives in another state, your attorney will analyze personal jurisdiction and where the harm occurred. Cross-state cases are common in online abuse litigation.

How Much Compensation Can Revenge Porn Victims Receive?

There is no standard amount, and it can vary based on numerous factors.

Courts and insurers consider:

• Scope of distribution (how widely and how long the images circulated)
• Intent (malice, coercion, extortion, or threats)
• Impact (mental health injury, job loss, safety concerns)
• State law (availability of punitive damages, fees, and statutory damages)

Many cases settle confidentially, particularly when a quick takedown is paired with compensation. Your lawyer can also seek protective orders and allow filing under a pseudonym to limit further harm.

Challenges in Suing for Revenge Porn

Civil NDII cases can be effective, but hurdles still exist.

Some common challenges include:

• Identifying anonymous posters and securing platform data before it’s deleted
• Proving intent when a defendant claims accident or consent
• Whack-a-mole removals: copies can reappear; you may need repeated takedowns or broad injunctions
• Cost and emotional strain: cases take time, and reliving the events can be hard

Fortunately, help is out there. Advocacy organizations and some legal aid programs provide free or low-cost assistance, safety planning, and technical takedown support.

Support and Legal Resources for Revenge Porn Victims

There are some reputable support and legal resources for victims of revenge porn.

If you’re facing harm caused by nonconsensual image sharing, some resources include:

• Cyber Civil Rights Initiative (CCRI):  24/7 Image Abuse Helpline (1-844-878-2274), safety planning, platform-specific takedown guides, and referrals to attorneys.
• Without My Consent (WMC):  Practical guides on evidence preservation, takedowns, and strategy; many resources remain available online.
• Federal Trade Commission (FTC): Consumer guidance on NDII and steps you can take.
• State-level legal aid and victim services: Many states now recognize civil NDII claims; local legal-aid sites often list attorneys and hotlines.

Next Steps for Revenge Porn Victims Filing Lawsuits

If you plan to file a lawsuit, ensure that you take the necessary steps to do so.

Some things to have on your checklist include:

• Document everything: Save links, screenshots, and messages, and keep a timeline.
• Call a lawyer with NDII experience: Discuss claims, urgent injunctions, and strategy.
• Send takedowns: Pursue DMCA notices if you own the content; ask platforms to preserve evidence.
• Lean on support: Contact CCRI’s helpline and trusted people in your life. You don’t have to carry this alone.

You have rights beyond criminal prosecution. Civil law offers tools to remove content, seek compensation, and reclaim control.

Revenge Porn Lawsuit FAQs

Written by the Porn Addiction Editorial Staff