Non-Consensual Image Sharing: NCII Laws & Victim Support

Non-consensual image sharing is a growing concern. A study by RMIT University found that nearly 42% of respondents admitted to sending unsolicited nude images, while over 10% acknowledged sharing Non-Consensual Intimate Imagery (NCII).(1) Alarmingly, almost 9% of the respondents confessed to threatening to share such images without the victim’s consent.

Is it illegal to distribute intimate images without consent? Let’s explore the legal ramifications of NCII and provide actionable information on what to do if you are a victim.

What is Non-Consensual Intimate Imagery (NCII)?

NCII is when a sexually graphic image is shared, distributed, or threatened to be shared without the victim’s consent.(2) NCII can include sharing of content by an ex as in the case of revenge porn, but it is also used to describe acts of sexual extortion where a cybercriminal uses the content to extort a victim.

According to digital privacy laws, for image sharing to be consensual, it must be a voluntary agreement made without force, fraud, misrepresentation, or coercion.(2) Non-consensual image sharing occurs when intimate images are distributed despite the victim’s reasonable expectation that they would remain private. Simply agreeing to have your image taken, or even taking and sending an intimate image yourself, does not mean you have consented to its further sharing or distribution.

The Emotional and Psychological Impact of NCII

NCII and other forms of image-based sexual abuse can have severe emotional repercussions on the victim, leading to anxiety, depression, and even thoughts of self-harm. Victims can suffer reputational harm that significantly impacts their personal relationships, careers, and social standing. Non-consensual image sharing can also pose serious safety concerns, as its victims often face harassment, stalking, and even physical threats.

The Legal Framework: State and Federal Laws

In the U.S., non-consensual image sharing is illegal in 49 states, DC, Puerto Rico, and Guam.(3) South Carolina is the only state where it’s not against the law.

In New York, a violation of NCII is punishable as a class A misdemeanor.(3)
In Virginia, a violation where the victim is over 18 is a Class 1 misdemeanor, while NCII of victims under 18 are punishable as a Class 6 felony.(3)
In Texas, a violation of NCII is punishable as a state jail felony.(3)
In North Carolina, a violation by someone over 18 is a Class H felony, while a violation by someone under 18 is a Class 1 misdemeanor, or a Class H felony on the second offense.(3)

There is no federal law that specifically criminalizes non-consensual image sharing. However, with the passage of the Violence Against Women Reauthorization Act in 2022, victims now have the right to pursue civil lawsuits against those who share their intimate images without consent. They can sue for damages in the amount of $150,000, plus attorney fees and court costs.(2)

State criminal charges involve government prosecution, while federal civil lawsuits require the victim to file a suit.

To bring an NCII civil lawsuit in federal court, you can get a lawyer to file the case or represent yourself.(2) You can also ask the court to allow you to file the lawsuit anonymously to protect your privacy.

Consent: A Crucial Element

Clear and informed consent is crucial when sharing or distributing intimate images to ensure all parties fully understand and agree on how the content will be used. Without explicit consent, sharing can violate privacy, cause emotional harm, and be subject to serious legal consequences.

Consent can be withdrawn at any time. Even if someone initially agreed to share their images, they have the right to revoke that permission later. The exception is if the person was paid for the content through the production of pornography.(2)

Proving Lack of Consent

To prove lack of consent, evidence must be presented to a judge or jury that the defendant shared an intimate image without consent, and the defendant knew the victim did not consent, or recklessly disregarded whether or not they consented. The victim can present their own testimony or any other evidence they have.(2)

Resources and Support for Victims

Here’s a list of organizations and resources that offer support to victims of Non-Consensual Intimate Image (NCII) abuse:

Cyber Civil Rights Initiative (CCRI)

Provides resources, advocacy, and support for victims of NCII. Offers legal assistance and guides victims through the process of removing intimate images online.
Website: cybercivilrights.org

Without My Consent

A website dedicated to providing information about NCII laws, how to protect oneself, and legal resources for victims.
Website: withoutmyconsent.org

The National Domestic Violence Hotline

Offers confidential support to victims of abuse, including online harassment and NCII. Provides resources and connects individuals to local services.
Phone: 1-800-799-SAFE (7233)
Website: thehotline.org

National Center for Victims of Crime (NCVC)

Provides advocacy, support, and resources for victims of various crimes, including NCII. The NCVC works on legal and policy reform to protect victims’ rights.
Website: victimsofcrime.org

Online Reporting Platforms:

Cyber Civil Rights Initiative (CCRI)

Offers a guide to reporting NCII and provides resources for image removal and legal advice.
Website: cybercivilrights.org

Report Harmful Content (UK)

A UK-based platform that helps victims report harmful content online, including NCII. Provides guidance on removal and legal options.
Website: reportharmfulcontent.com

eSafety Commissioner (Australia)

Offers a platform for reporting harmful online content, including NCII, for Australian citizens. Provides resources for removing explicit content and reporting abuse.
Website: www.esafety.gov.au

Google: Reporting Non-Consensual Intimate Images

A tool for reporting explicit content that violates Google’s policies, including NCII, across its platforms.
Website: support.google.com

Facebook (Meta): Reporting Non-Consensual Intimate Images

Allows users to report explicit content that violates Facebook and Instagram’s community standards, including NCII.
Website: facebook.com/help/

Protect Digital Privacy and Get Justice

NCII abuse can have devastating psychological and social consequences for victims. It often leads to severe emotional distress, including anxiety, depression, and post-traumatic stress, as victims struggle with feelings of shame, helplessness, and violation. The fear of judgment and stigmatization can result in social isolation and damage personal and professional relationships.

Image sharing can be non-consensual even if you shared the image yourself. It’s reasonable to expect you didn’t mean to share it with the world or even other people. NCII abuse is a crime in 49 states and can be the subject of civil lawsuits under federal law.

If you have been a victim of non-consensual image sharing or other forms of image-based sexual abuse, know that you are not alone. Report the abuse and hold the perpetrator accountable. Seek support from psychological resources, therapy, and counseling to help you process and heal. Through justice and self-care, you can reclaim your sense of control and move forward. Healing begins with action and compassionate support.

Sources:

Kasturirangan, Alka, et al. “Overall, 11.1% of Respondents Self-Reported Being Threatened with or Experiencing Nonconsensual Image Sharing.” PMC, PubMed Central.
U.S. Department of Justice. “Sharing Intimate Images without Consent: Know Your Rights.” Justice.gov.
Cyber Civil Rights Initiative. “Nonconsensual Distribution of Intimate Images.” Cyber Civil Rights Initiative.