Abstract
Nonconsensual pornography involves the distribution of sexually graphic images of individuals without their consent. This includes images originally obtained without consent (e.g., hidden recordings or recordings of sexual assaults) as well as images originally obtained with consent, usually within the context of a private or confidential relationship (e.g., images consensually given to an intimate partner who later distributes them without consent, popularly referred to as "revenge porn"). Because the term "revenge porn" is used so frequently as shorthand for all forms of nonconsensual pornography, the authors will use it interchangeably with nonconsensual porn. Criminalizing privacy invasions is not new. In their groundbreaking article The Right to Privacy, published in 1890, Samuel Warren and Louis Brandeis argued that "it would doubtless be desirable that the privacy of the individual should receive the added protection of the criminal law." Over the past hundred years, state and federal legislators have taken Warren and Brandeis's advice and criminalized many privacy invasions.