USA – Foundation RA

§ 5-14-113. Sexual Extortion [Effective January 1, 2024.]

A person commits the offense of sexual extortion if:

(1) With the purpose to coerce another person to engage in sexual contact or sexually explicit conduct, the person communicates a threat to:

Damage the property or harm the reputation of the other person; or
Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;

(2) With the purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to:

Damage the property or harm the reputation of the other person; or
Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity;

(3) The person knowingly causes another person to engage in sexual contact or sexually explicit conduct or to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct by communicating a threat to:

Damage the property or harm the reputation of the other person; or
Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or

(4) The person knowingly demands payment of money or receipt of anything of value by communicating a threat to distribute a recording of a person engaged in sexually explicit conduct or depicted in a state of nudity.
Sexual extortion is a Class B felony.

California

Cal. Pen. Code § 518. Definition of extortion; “Consideration”

(a) Extortion is the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.

(b) For purposes of this chapter, “consideration” means anything of value, including sexual conduct as defined in subdivision (b) of Section 311.3, or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647.

(c) Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part.

Colorado

No statute on sextortion specifically but perpetrator may be charged with:
Unlawful Sexual Contact, a Class 1 Misdemeanor (and Extraordinary Risk Crime)
Internet Sexual Exploitation of a Child, a Class 4 Felony
Sexual Exploitation of Children, a Class 6, 4, or 3 Felony
Extortion, a Class 4 Felony
Computer Crime, a Class 4, 3, or 2 Felony.
Or any combination, including all, of the above.

Delaware

§ 774. Sexual extortion; class E felony.

A person is guilty of sexual extortion when the person intentionally compels or induces another person to engage in any sexual act involving contact, penetration or intercourse with the person or another or others, or to produce a visual depiction of the person or another who is nude, or who is engaging in sexual conduct, with the person or another or others by means of instilling in the victim a fear that, if such sexual act or production is not performed, the defendant or another will:

(1) Cause physical injury to anyone;

(2) Cause damage to property;

(3) Engage in other conduct constituting a crime;

(4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone;

(5) Expose a secret or publicize an asserted fact, whether true or false, intending to subject anyone to hatred, contempt or ridicule;

(6) Falsely testify or provide information or withhold testimony or information with respect to another’s legal claim or defense;

(7) Reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of any person who is nude, or who is engaging in sexual conduct; or

(8) Perform any other act which is calculated to harm another person materially with respect to the other person’s health, safety, business, calling, career, financial condition, reputation or personal relationships.

Sexual extortion is a class E felony.

Florida

§ 836.05. Threats; extortion.

(1) Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who commits a violation of subsection (1) and at the time of the violation is acting as a foreign agent, as defined in s. 812.081(1), with the intent of benefiting a foreign country of concern, as defined in s. 692.201, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

Georgia

§ 16-11-92. Sexual extortion.

(a) [DEFINITIONS]

(b)

(1) No person shall intentionally coerce orally, in writing, or electronically another individual who is more than 18 years of age to distribute any photograph, video, or other image that depicts any individual in a state of nudity or engaged in sexually explicit conduct.
(2) The provisions of this subsection shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses.
(3) The provisions of this subsection shall not apply to requests for disclosures, production of documents or evidence, or similar discovery actions under the provisions of Chapter 11 of Title 9, the “Georgia Civil Practice Act.”
1. (a) Any person that violates paragraph (1) of subsection (b) of this Code section shall:
  1. (1) Upon the first offense, be guilty of and punished as for a misdemeanor of a high and aggravated nature; or
  2. (2) Upon a second or subsequent offense, be guilty of a felony and upon conviction, be punished by imprisonment for not less than one year and not more than five years.
2. (b) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this Code section in which the person engages while:
  1. (1) Within or outside this state if, by such conduct, the person commits a violation of this Code section that involves an individual who resides within this state; or
  2. (2) Within this state if, by such conduct, the person commits a violation of this Code section that involves an individual who resides within or outside this state.
(e) Each violation of this Code section shall be considered a separate offense and shall not merge with any other offense.

Kansas

§ 21-5515. Sexual extortion.

(a) Sexual extortion is communicating by any means a threat to injure the property or reputation of a person, commit violence against a person, or distribute an image, video or other recording of a person that is of a sexual nature or depicts such person in a state of nudity:

(1) With the intent to coerce such person to: (A) Engage in sexual contact, sexual
intercourse or conduct that is of a sexual nature; or (B) produce, provide or distribute an image, video or other recording of a person in a state of nudity or engaging in conduct that is of a sexual nature; or
(2) that causes such person to: (A) Engage in sexual contact, sexual intercourse or conduct that is of a sexual nature; or (B) produce, provide or distribute an image, video or other recording of a person in a state of nudity or engaging in conduct that is of a sexual nature.

(b) Sexual extortion as defined in:

(1) Subsection (a)(1) is a severity level 7, person felony; and
(2) subsection (a)(2) is a severity level 4, person felony.

Louisiana

La. R.S. § 14:66. Extortion.

A. Extortion is the communication of threats to another with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity of any description. Any one of the following kinds of threats shall be sufficient to constitute extortion:

(1) A threat to do any unlawful injury to the person or property of the individual threatened or of any member of his family or of any other person held dear to him.
(2) A threat to accuse the individual threatened or any member of his family or any other person held dear to him of any crime. An offer to participate in a theft prevention program pursuant to Code of Criminal Procedure Article 215 shall not constitute a violation of the provisions of this Paragraph.
(3) A threat to expose or impute any deformity or disgrace to the individual threatened or to any member of his family or to any other person held dear to him.
(4) A threat to expose any secret affecting the individual threatened or any member of his family or any other person held dear to him.
(5) A threat to cause harm as retribution for participation in any legislative hearing or proceeding, administrative proceeding, or in any other legal action.
(6) A threat to do any other harm.

B. Whoever commits the crime of extortion shall be imprisoned at hard labor for not less than one nor more than fifteen years.
Extortion statute applied to sexual favors in State v. Moore, 419 So. 2d 963, 1982 La. LEXIS 11761 (La. 1982).

Maryland

Combined with IBSA law

Michigan

§ 750.520b. Criminal sexual conduct in the first degree; circumstances; felony; consecutive terms.

(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:

(a) That other person is under 13 years of age.

(b) That other person is at least 13 but less than 16 years of age and any of the following:

(i) The actor is a member of the same household as the victim.

(ii) The actor is related to the victim by blood or affinity to the fourth degree.

(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.

(v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person’s residency. As used in this subparagraph, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:

(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).

(e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.

(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:

(i) When the actor overcomes the victim through the actual application of physical force or physical violence.

(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.

(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.

(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.

(v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.

(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

(i) The actor is related to the victim by blood or affinity to the fourth degree.

(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

(2) Criminal sexual conduct in the first degree is a felony punishable as follows

(a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years.

(b) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.

(c) For a violation that is committed by an individual 18 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age or a violation of law of the United States, another state or political subdivision substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age.

(d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring under section 520n.

(3) The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.

Minnesota

609.3458 SEXUAL EXTORTION.
Subdivision 1. Crime defined.

(a) A person who engages in sexual contact with another person and compels the other person to submit to the contact by making any of the following threats, directly or indirectly, is guilty of sexual extortion:

(1) a threat to withhold or harm the complainant’s trade, business, profession, position, employment, or calling;

(2) a threat to make or cause to be made a criminal charge against the complainant, whether true or false;

(3) a threat to report the complainant’s immigration status to immigration or law enforcement authorities;

(4) a threat to disseminate private sexual images of the complainant as specified in section 617.261, nonconsensual dissemination of private sexual images;

(5) a threat to expose information that the actor knows the complainant wishes to keep confidential; or

(6) a threat to withhold complainant’s housing, or to cause complainant a loss or disadvantage in the complainant’s housing, or a change in the cost of complainant’s housing.

(b) A person who engages in sexual penetration with another person and compels the other person to submit to such penetration by making any of the following threats, directly or indirectly, is guilty of sexual extortion:

(1) a threat to withhold or harm the complainant’s trade, business, profession, position, employment, or calling;

(2) a threat to make or cause to be made a criminal charge against the complainant, whether true or false;

(3) a threat to report the complainant’s immigration status to immigration or law enforcement authorities;

(4) a threat to disseminate private sexual images of the complainant as specified in section 617.261, nonconsensual dissemination of private sexual images;

(5) a threat to expose information that the actor knows the complainant wishes to keep confidential; or

(6) a threat to withhold complainant’s housing, or to cause complainant a loss or disadvantage in the complainant’s housing, or a change in the cost of complainant’s housing.
Subd. 2. Penalty.

(a) A person is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person violates subdivision 1, paragraph (a).

(b) A person is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both, if the person violates subdivision 1, paragraph (b).

(c) A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. No attempt charge. — Notwithstanding section 609.17, no person may be charged with or convicted of an attempt to commit a violation of this section.

New Jersey

§ 2C:14-9.1. Sexual extortion, crime, parameters

An actor commits the crime of sexual extortion if: a. with the purpose to coerce another person to: engage in sexual contact, sexual penetration, or simulated sexual contact or sexual penetration, expose their intimate parts, or produce, photograph, film, videotape, record, or otherwise reproduce in any manner any image, video, or other recording of any individual’s intimate parts or any individual engaged in sexual contact, sexual penetration, or simulated sexual contact or sexual penetration, the actor communicates by any means a threat:

(1) to the person, property, or reputation of the victim or any other person; or

(2) to disclose an image, video, or other recording of the victim or any other person engaged in sexual contact, sexual penetration, simulated sexual contact or penetration, or of the victim’s or any other person’s intimate parts; or

b. the actor knowingly causes another person to engage in sexual contact, sexual penetration, or, simulated sexual contact or penetration, or expose their intimate parts, or produce, photograph, film, videotape, record, or otherwise reproduce in any manner, any image, video, or other recording of any individual’s intimate parts or any individual engaged in sexual contact, sexual penetration, or simulated sexual contact or penetration; by communicating by any means a threat:

(1) to the person, property, or reputation of the victim or any other person; or

(1) to disclose an image, video, or other recording of the victim or any other person engaged in sexual contact, sexual penetration, simulated sexual contact or sexual penetration, or of the victim’s or any other person’s intimate parts.
Sexual extortion is a crime of the third degree.

c. An actor is guilty of aggravated sexual extortion if the actor commits an act of sexual extortion pursuant to subsection a. or b. of this section with purpose to coerce, or knowingly cause, a child under the age of 18 years or an adult with a developmental disability to:

(1) engage in sexual contact, sexual penetration, or simulated sexual contact or penetration;

(2) expose their intimate parts; or

(3) produce, photograph, film, videotape, record, or otherwise reproduce in any manner, any image, video, or other recording of any individual’s intimate parts or any individual engaged in sexual contact, sexual penetration, or simulated sexual contact or sexual penetration.
Aggravated sexual extortion is crime of the second degree.

d. [DEFINITIONS]

e. Nothing contained in this section shall be construed to preclude or limit a prosecution or conviction of any person for aggravated sexual assault or sexual assault pursuant to N.J.S.2C:14-2, invasion of privacy pursuant to section 1 of P.L.2003, c.206 (C.2C:14-9), theft by extortion pursuant to N.J.S.2C:20-5, or any other offense.

North Dakota

§ 12.1-20-12.3. Sexual extortion.

1. An individual commits the offense of sexual extortion if the individual:

a. With an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, communicates in person or by electronic means:

(1) A threat to the victim’s or another’s person, property, or reputation; or

(2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another.

b. Knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, by means of:

(1) A threat to the victim’s or another’s person, property, or reputation; or

(2) A threat to distribute or an enticement to delete an intimate image or video of the victim or another.

2. The offense is:

a. A class B felony if the actor’s conduct violates subdivision b of subsection 1 and the victim is a minor or vulnerable adult, otherwise a class A misdemeanor.

b. A class A misdemeanor if the actor’s conduct violates subdivision a of subsection 1.

3. [DEFINITIONS]

Pennsylvania

18 Pa.C.S. § 3133. Sexual extortion.

(a) Offense defined. — A person commits the offense of sexual extortion if the person knowingly or intentionally coerces or causes a complainant, through any means set forth in subsection (b), to:

(1) engage in sexual conduct, the simulation of sexual conduct or a state of nudity; or

(2) make, produce, disseminate, transmit or distribute any image, video, recording or other material depicting the complainant in a state of nudity or engaging in sexual conduct or in the simulation of sexual conduct.

(b) Means of subjecting complainant to sexual extortion. — A person subjects a complainant to sexual extortion through any of the following means:

(1) Harming or threatening to harm the complainant or the property of the complainant, the reputation of the complainant or any other thing of value of the complainant.

(2) Making, producing, disseminating, transmitting or distributing or threatening to make, produce, disseminate, transmit or distribute any image, video, recording or other material depicting the complainant in a state of nudity or engaged in sexual conduct or in the simulation of sexual conduct.

(3) Exposing or threatening to expose any fact or piece of information that, if revealed, would tend to subject the complainant to criminal proceedings, a civil action, hatred, contempt, embarrassment or ridicule.

(4) Holding out, withholding or threatening to withhold a service, employment, position or other thing of value.

(5) Threatening to cause or causing a loss, disadvantage or injury, including a loss, disadvantage or injury to a family or household member.

(1) solicits or demands the payment of money, property or services or any other thing of value from the complainant or a family or household member of the complainant in exchange for removing from public view or preventing the disclosure of any image, video, recording or other material obtained through a violation of subsection(a)(2); or

(2) disseminates, transmits or distributes, or threatens to disseminate, transmit or distribute, an image, video, recording or other material depicting the complainant in a state of nudity or engaging in sexual conduct or the simulation of sexual conduct to another person or entity, including a commercial social networking site, and solicits or demands the payment of money, property or services or any other thing of value from the complainant or a family or household member of the complainant in exchange for removing from public view or preventing disclosure of the image, video, recording or other material.

(d) Grading.

(1) Except as otherwise provided in paragraphs

(2) and (3), a violation of this section shall constitute a misdemeanor of the first degree.

(2) A violation of this section shall constitute a felony of the third degree if the actor is at least 18 years of age and:

(i) the complainant is under 18 years of age;

(ii) the complainant has an intellectual disability; or

(iii) the actor holds a position of trust or supervisory or disciplinary power over the complainant by virtue of the actor’s legal, professional or occupational status.

(3) A violation of this section shall constitute a felony of the third degree if:

(i) the violation is part of a course of conduct of sexual extortion by the actor; or

(ii) the actor was previously convicted or adjudicated delinquent of a violation of this section or of a similar offense in another jurisdiction.

(e) Sentencing. — The Pennsylvania Commission on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under this section when:

(1) at the time of the offense the complainant is under 18 years of age or has an intellectual disability or the actor holds a position of trust or supervisory or disciplinary power over the complainant by virtue of the actor’s legal, professional or occupational status; or

(2) the complainant attempts suicide resulting in serious bodily injury or dies by suicide, within 90 days of the commission of the offense, as a proximate result of the trauma that the complainant experienced during or following the commission of the offense.

(f) Venue.

(1) An offense committed under this section may be deemed to have been committed at either the place at which the communication was made or at the place where the communication was received.

(2) Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

(g) Territorial applicability. — A person may be convicted under the provisions of this section if the complainant or the offender is located within this Commonwealth.

(h) Concurrent jurisdiction to prosecute. — In addition to the authority conferred upon the Attorney General by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of violations involving more than one county of this Commonwealth or another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if a challenge is made, the challenge shall be dismissed, and no relief shall be made available in the courts of this Commonwealth to the person making the challenge.

(i) Applicability. — Nothing in this section shall be construed to apply to:

(1) A person who acts within the legitimate and lawful course of the person’s employment.

(2) Works of public interest, including commentary, satire or parody.

[DEFINITIONS]

South Dakota

Encompassed in IBSA law

Texas

Sec. 21.18. Sexual Coercion.

(a) In this section:

(1) “Intimate visual material” means the visual material described by Section 21.16(b)(1) or (c).

(2) “Sexual conduct” has the meaning assigned by Section 43.25.

(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:

(1) intimate visual material;

(2) an act involving sexual conduct causing arousal or gratification; or

(3) a monetary benefit or other benefit of value.

(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:

(1) intimate visual material; or

(2) an act involving sexual conduct causing arousal or gratification.

(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.

(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.

Utah

§ 76-5b-204. Sexual extortion — Penalties

(1) [DEFINITIONS]

(2) (a) An actor commits the offense of sexual extortion if the actor:

(i) with an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual naked or engaged in sexually explicit conduct, communicates by any means a threat:

(A) to the victim’s person, property, or reputation; or

(B) to distribute an intimate image or video of the victim;

(ii) knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual naked or engaged in sexually explicit conduct by means of a threat:

(A) to the victim’s person, property, or reputation; or

(B) to distribute an intimate image or video of the victim; or

(iii) with intent to obtain a thing of value from a victim communicates, by any means, a threat to distribute an intimate image or video of the victim.

(b) An actor commits aggravated sexual extortion when, in conjunction with the offense described in Subsection (2)(a), any of the following circumstances have been charged and admitted or found true in the action for the offense:

(i) the victim is a child or vulnerable adult;

(ii) the offense was committed by the use of a dangerous weapon or by violence, intimidation, menace, fraud, or threat of physical harm, or was committed during the course of a kidnapping;

(iii) the actor caused bodily injury or severe psychological injury to the victim during or as a result of the offense;

(iv) the actor was a stranger to the victim or became a friend of the victim for the purpose of committing the offense;

(v) the actor, before sentencing for the offense, was previously convicted of any sexual offense;

(vi) the actor occupied a position of special trust in relation to the victim;

(vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or sexual acts by the victim with any other individual, or sexual performance by the victim before any other individual, human trafficking, or human smuggling; or

(viii) the actor caused the penetration, however slight, of the genital or anal opening of the victim by any part or parts of the human body, or by any other object.

(3)(a) If the actor is an adult:

(i) A violation of Subsection (2)(a) is a third degree felony.

(ii) A violation of Subsection (2)(b) in which the victim is an adult is a second degree felony.

(iii) A violation of Subsection (2)(b) in which the victim is a child or a vulnerable adult is a first degree felony.

(b) If the actor is a child:

(i) A violation of Subsection (2)(a) is a class A misdemeanor.

(ii) A violation of Subsection (2)(b) is a third degree felony if there is more than a two-year age gap between the actor and the victim.

(i) for each victim the actor subjects to the offense outlined in Subsection (2)(a); and

(ii) for each separate time the actor subjects a victim to the offense outlined Subsection (2)(a).

(d) This section does not preclude an actor from being charged and convicted of a separate criminal act if the actor commits the separate criminal act while the individual violates or attempts to violate this section.

(4) An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to liability under this section related to content provided by a user of the interactive computer service.

Vermont

§ 1701. Definition and penalty

A person who maliciously threatens to accuse another of a crime or offense, or with an injury to his or her person or property, with intent to extort money or other pecuniary advantage, or with intent to compel the person so threatened to do an act against his or her will, shall be imprisoned not more than three years or fined not more than $500.00, or both.

Per State v. Galusha, 164 Vt. 91 (1995) the extortion law applies to sextortion; “The “”injury to the person”” in 13 V.S.A. 1701, the extortion statute, includes injury other than physical harm, and applies to a defendant, who allegedly delivered a letter to a female minor, in which he threatened to disclose a sexually explicit videotape of the defendant and the minor engaged in sexual acts to her parents and custodian unless she agreed to continue their relationship.”

Virginia

§ 18.2-59.1. Sexual extortion; penalty.

A. Any person who maliciously threatens in writing, including an electronically transmitted communication producing a visual or electronic message, (i) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (ii) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, that depicts the complaining witness or such complaining witness’s family or household member, as defined in § 16.1-228, as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10, and thereby engages in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10, is guilty of a Class 5 felony. However, any adult who violates this section with a person under the age of 18 is guilty of a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

B. A prosecution pursuant to this section may be in the county, city, or town in which the communication was either made or received.

Washington

9A.56.110. Extortion — Definition.

“Extortion” means knowingly to obtain or attempt to obtain by threat property or services of the owner, and specifically includes sexual favors.

West Virginia

§ 61-2-13. Extortion or attempted extortion by threats; penalties.

(a) A person who threatens injury to the character, person, or property of another person, or to the character, person, or property of his or her spouse or child, or accuses him or her or them of a criminal offense, and thereby obtains anything of value, or other consideration, he or she is guilty of a felony and, upon conviction, shall be confined in a correctional facility not less than one nor more than five years. A person who makes such threat of injury or accusation of an offense as set forth in this section, but fails to obtain anything of value or other consideration, is guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than two nor more than 12 months and fined not less than $50 nor more than $500.

(b) For purposes of this article, “consideration” includes sexual acts as defined in §61-8B-1 of this code, and images of intimate parts defined in §61-8-28a of this code.

State	Statute	Year	Constituents of the offence	Punishment	Remarks
Alabama	SB301. Code of Alabama 1975 Secs 15-20A-4 to 15-20A-43 amended.	2017	Distribution of an intimate, private image, also known as "revenge porn" or "nonconsensual pornography." The law applies when the depicted person has not consented to the transmission and the sender intends to harass or intimidate the depicted person.	A first offense is a Class A misdemeanor, punishable by up to a year in jail. Subsequent offenses are Class C felonies, punishable by up to 10 years in prison.
Alaska	Title 11. Criminal Law § 11.61.120		Provides that whoever publishes or distributes electronic or printed photographs, pictures, or films that show the genitals, anus, or female breast of the other person or show that person engaged in a sexual act commits a crime of harassment in second degree.	Harassment in the second degree is a class B misdemeanor. Class B misdemeanors are less serious crimes, punishable by up to 90 days in jail and a fine of up to $2,000.
Arizona	Unlawful Distribution of Private Images, 2016 through amending Section 13‑1425 of the Arizona Revised Statutes	2016	It provides that the distribution of images depicting states of nudity or specific sexual activities of another person is unlawful. If such disclosure is by electronic means, it is a Class 4 felony. If the person threatens to disclose but does not disclose, then it is a Class 1 Misdemeanor.	· Class 4 felonies are punishable up to 3.75 years in prison. · A class 1 misdemeanor is the most serious misdemeanor offense and is punishable by up to 6 months in jail, 3 years of probation (5 years maximum probation for DUI offenses) and a $2,500 fine plus surcharges.	· The earlier state revenge porn bill was scrapped due to an ACLU Lawsuit.
Arkansas	Arkansas Code 5-26-314	July, 2015	It criminalizes the distribution of an image, picture, video, or voice or audio recording of a sexual nature to harass, frighten, intimidate, threaten, or abuse a family or household member or a person in a current or former dating relationship; and for other purposes. Such an offence is a Class A misdemeanour.	· A Class A misdemeanor is the most serious type of misdemeanor in Arkansas and it is punishable by up to one year in jail and a fine of up to $2,500.	Defines a “dating relationship” as romantic/ intimate relationship between two individuals and provides additional factors.
California	Section 647(j)(4) of California Penal Code	2014	Under this provision an act of revenge porn is defined as someone who “photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress.	It shall be a disorderly conduct, misdemeanour.
Colorado	Colorado Revised Statutes 18-7-107 and 18-7-108.	2014	Posting a Private Image for Harassment and Posting a Private Image for Pecuniary Gain is a Class 1 Misdemeanor.	The defendant can be fined up to $10,000.
Connecticut	Section 53a-189a, Connecticut General Statutes	October 1, 2015	It provides that whoever indulges in Unlawful dissemination of an intimate image is guilty	The offence is a class A misdemeanor.
Delaware	§ 1335, Title 11 of the Delaware Code	2014	When a person knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a visual depiction of a person who is nude, or who is engaging in sexual conduct, when the person knows or should have known that the reproduction, distribution, exhibition, publication, transmission, or other dissemination was without the consent of the person depicted and that the visual depiction was created or provided to the person under circumstances in which the person depicted has a reasonable expectation of privacy, such person shall be guilty of violation of privacy.	It is a class A misdemeanor; class G felony.
District of Columbia	Criminalization of Non-Consensual Pornography Act	2014	It provides that a person knowingly discloses one or more sexual images of another identified or identifiable person when: (1) The person depicted did not consent to the disclosure of the sexual image; (2) There was an agreement or understanding between the person depicted and the person disclosing that the sexual image would not be disclosed; and (3) The person disclosed the sexual image with the intent to harm the person depicted person depicted or to receive financial gain. (b) A person who violates this subsection shall be guilty of a misdemeanour.	Upon conviction such person shall be fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, approved June 11, 2013 (D.C. Law 19-317; D.C.42 Official Code § 22-3571.01), imprisoned for not more than 180 days, or both.
Florida	Florida Statute Section 784.049	2015	· “Sexually cyberharass” means to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.	A person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. If a person who has one prior conviction for sexual cyber harassment and who commits a second or subsequent sexual cyber harassment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.	Aggrieved person can also initiate civil action to recover damages.
Georgia	Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia	2014	· Whoever Electronically transmits or posts or causes such transmission or posting, in one or more transmissions or posts, a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person.	Such person shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both.	There is a rebuttable presumption on the Internet Service Provider that it was not aware of the content of such post
Hawaii	Section 711-1110.9, Hawaii Revised Statutes	2014	A person commits the offense of violation of privacy in the first degree if The person knowingly discloses an image or video of another identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships.	Violation of privacy in the first degree is a class C felony. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this section	Exception has been carved out for When the person was voluntarily nude in public or voluntarily engaging in sexual conduct in public.
Idaho	Idaho Code 18-6609(2)(b)	2017	Intentionally or with reckless disregard disseminating, publishing or selling (or conspiring) any image or images of the intimate areas of another person or persons without the consent of such other person or persons and he knows or reasonably should have known that one or both parties agreed or understood that the images should remain private.	The punishments are decided on a case by case basis, but seem to range from state prison terms of three to five years, and/or a fine of up to $5,000 based on the cases that have emerged
Illinois	Section 11-23.5 of The Illinois Criminal Code of 2012	2015	Criminalises the Non-Consensual Dissemination of Private Sexual Images.	It is a Class 4 Felony.
Iowa	Section708.7 of the Code of 2017	2017	Dissemination, publication, distribution or causing it thereof of photograph or film showing another person in partial or full nudity or engaged in a sex act, without consent, is harassment.	Such an offence is harassment in first degree and is an aggravated misdemeanour
Kansas	Section 21-6101(a)(8) of Kansas State Act	2016	Breach of privacy is knowingly and without lawful authority: disseminating any videotape, photograph, film or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity and under circumstances in which such identifiable person had a reasonable expectation of privacy, with the intent to harass, threaten or intimidate such identifiable person, and such identifiable person did not consent to such dissemination	Such an offence is a Severity level 8, person felony
Louisiana	R.S. 14:283.2	2015	A person commits the offense of non-consensual disclosure of a private mage when all of the following occur: (1) The person intentionally discloses an image of another person who is seventeen years of age or older, who is identifiable from the image or information displayed in connection with the image, and whose intimate parts are exposed in whole or in part. (2) The person who discloses the image obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private. (3) The person who discloses the image knew or should have known that the person in the image did not consent to the disclosure of the image. (4) The person who discloses the image has the intent to harass or cause emotional distress to the person in the image, and the person who commits the offense knew or should have known that the disclosure could harass or cause emotional distress to the person in the image	Whoever commits the offense of non-consensual disclosure of a private image shall be fined not more than ten thousand dollars, imprisoned with or without hard labour for not more than two years, or both	No liability is imposed on the computer service used for posting such image
Maine	Section 1 17-A MRSA §511-A	2015	A person is guilty of unauthorized dissemination of certain private images if the person, with the intent to harass, torment or threaten the depicted person or another person, knowingly disseminates, displays or publishes a photograph, videotape, film or digital recording of another person in a state of nudity or engaged in a sexual act or engaged in sexual contact in a manner in which there is no public or newsworthy purpose when the person knows or should have known that the depicted person: (1) Is 18 years of age or older; (2) Is identifiable from the image itself or information displayed in connection with the image; and (3) Has not consented to the dissemination, display or publication of the private image.	Unauthorized dissemination of certain private images is a Class D crime.
Maryland	§ 3-809, Maryland Code.	2014	A person may not intentionally cause serious emotional distress to another by intentionally placing on the internet an identifiable a photograph, film, videotape, recording, or any other reproduction of the image of the other person that reveals the identity of the other person with his or her intimate parts exposed or while engaged in an act of sexual contact: (1) knowing that the other person did not consent to the placement of the image on the internet; and (2) under circumstances in which the other person had a reasonable expectation that the image would be kept private.	A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.
Michigan	Sec 145e of MCL	2016	If a person threatens, coerces, or intimidates dissemination of any sexually explicit visual material of another person shall be punishable under section 145f.	Section 145f- first offense punishable by 93 day sentence or fine up to $500.
Minnesota	§ 617.261, Minnesota Statutes	2016	A cause of action against a person for the non-consensual dissemination of private sexual images exists when: (1) a person disseminated an image without the consent of the person depicted in the image; (2) the image is of an individual depicted in a sexual act or whose intimate parts are exposed in whole or in part; (3) the person is identifiable: (i) from the image itself, by the person depicted in the image or by another person; or (ii) from the personal information displayed in connection with the image; and (4) the image was obtained or created under circumstances in which the person depicted had a reasonable expectation of privacy. The fact that the individual depicted in the image consented to the creation of the image or to the voluntary private transmission of the image is not a defense to liability for a person who has disseminated the image without consent.	Conviction for nonconsensual dissemination of private sexual images qualifies as a prior “qualified domestic violence-related offense” that enhances penalties for convictions for domestic assault, 4th & 5th degree assault, stalking, and violation of a harassment restraining order.	Consent to such image being taken is no defense
Nevada	Sections 2-6 of Chapter 200 of NRS	2015	A person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person: (1) did not give prior consent to the electronic dissemination or sale; (2) had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and (3) was at least 18 years of age when the intimate image was created	Such person is guilty of a category D felony
New Hampshire	§ 644:9-a, N.H. Rev. Stat.	2016	Nonconsensual dissemination of private sexual images with the intent to harass, intimidate, threaten, or coerce the depicted person.	It is a felony.
New Jersey	§ 2C:14-9, New Jersey Code	2015	Making a nonconsensual recording that reveals another person’s "intimate parts" or shows the person engaged in a sexual act without consent.	Felony, three to five years in prison, a fine not to exceed $15,000.
New Mexico	HB 142, new section added to the New Mexico Criminal Code	2015	Unauthorised distribution of sensitive images without that person’s consent with the intent to harass, humiliate or intimidate that person or cause substantial emotional distress is a misdemeanour.	It is a misdemeanour. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony
North Carolina	§ 14-190.5A, Article 26 of Chapter 14 of the General Statutes	2015	A person is guilty of disclosure of private images if all of the following apply: (1) The person knowingly discloses an image of another person with the intent to do either of the following: a. Coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person. b. Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person. (2) The depicted person is identifiable from the disclosed image itself or information offered in connection with the image. (3) The depicted person's intimate parts are exposed or the depicted person is engaged in sexual conduct in the disclosed image. (4) The person discloses the image without the affirmative consent of the depicted person. (5) The person discloses the image under circumstances such that the person knew or should have known that the depicted person had a reasonable expectation of privacy.	For an offense by a person who is 18 years of age or older at the time of the offense, the violation is a Class H felony. For a first offense by a person who is under 18 years of age at the time of the offense, the violation is a Class 1 misdemeanor. For a second or subsequent offense by a person who is under the age of 18 at the time of the offense, the violation is a Class H felony	The Court may order destruction of such image. This provision is in addition to civil and criminal remedies.
North Dakota	Section 12.1-17-07.2 of the North Dakota Century Code	2015	· A person commits the offense of distribution of intimate images if the person knowingly or intentionally distributes to any third party any intimate image of an individual eighteen years of age or older, if: (1) The person knows that the depicted individual has not given consent to the person to distribute the intimate image; (2) The intimate image was created by or provided to the person under circumstances in which the individual has a reasonable expectation of privacy; and (3) Actual emotional distress or harm is caused to the individual as a result of the distribution under this section.	Distribution of an intimate image is a class A misdemeanor
Oklahoma	Section 1040.13b of Title 21, Oklahoma Statutes	2016	· A person commits nonconsensual dissemination of private sexual images when he or she: (1) Intentionally disseminates an image of another person: a. who is at least eighteen (18) years of age, b. who is identifiable from the image itself or information displayed in connection with the image, and c. who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; (2) Disseminates the image with the intent to harass, intimidate or coerce the person, or under circumstances in which a reasonable person would know or understand that dissemination of the image would harass, intimidate or coerce the person (3) Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and (4) Knows or a reasonable person should have known that the person in the image has not consented to the dissemination.	Any person who violates the provisions of this section shall be guilty of a misdemeanour punishable by imprisonment in a county jail for not more than one (1) year or by a fine of not more than. One Thousand Dollars ($1,000.00), or both such fine and imprisonment	The court shall have the authority to order the defendant to remove the disseminated image should the court find it is in the power of the defendant to do so.
Oregon	ORS 161.005	2015	· (1) A person commits the crime of unlawful dissemination of an intimate image if: (a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed through an Internet website an identifiable image of the other person whose intimate parts are visible or who is engaged in sexual conduct; (b) The person knows or reasonably should have known that the other person does not consent to the disclosure; (c) The other person is harassed, humiliated or injured by the disclosure; and (d) A reasonable person would be harassed, humiliated or injured by the disclosure.	Unlawful dissemination of an intimate image is a Class A misdemeanor. Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense.
Pennsylvania	Title 18 Pennsylvania Consolidated Statutes § 3131	2014	A person commits the offense of unlawful dissemination of intimate image if, with intent to harass, annoy or alarm a current or former sexual or intimate partner, the person disseminates a visual depiction of the current or former sexual or intimate partner in a state of nudity or engaged in sexual conduct.	· An offense shall be: (1) A misdemeanor of the first degree, when the person depicted is a minor. (2) A misdemeanor of the second degree, when the person depicted is not a minor.
South Dakota	Section 4 of Chapter 22-21 of South Dakota Code of Laws	2015	No person may use or disseminate in any form any visual recording or photographic device to photograph or visually record any other person without clothing or under or through the clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.	A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years old.
Tennessee	Chapter 872 Tenn. Pub. Act	2017	(a) A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person if: (1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and (2) The person depicted in the image suffers emotional distress. (b) As used in this section: (1) "Emotional distress" has the same meaning as defined in § 39-17-315; and (2) "Intimate part" means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing.	A violation of subsection (a) is a Class A misdemeanor. However, nothing in this section precludes punishment under any other section of law providing for greater punishment.
Texas	Chapter 98B, ATitle 4, Civil Practice and Remedies Code	2015	(a)A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if: (1)the defendant discloses the intimate visual material without the effective consent of the depicted person; (2)the intimate visual material was obtained by the defendant or created under circumstances in which the depicted person had a reasonable expectation that the material would remain private; (3)the disclosure of the intimate visual material causes harm to the depicted person; and (4)the disclosure of the intimate visual material reveals the identity of the depicted person in any manner, including through: (A)any accompanying or subsequent information or material related to the intimate visual material; or (B)information or material provided by a third party in response to the disclosure of the intimate visual material (b) defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the promotion of the material if, knowing the character and content of the material, the defendant promotes intimate visual material described by Subsection (a) on an Internet website or other forum for publication that is owned or operated by the defendant.	An offense under this section is a Class A misdemeanor. If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.	Aggrieved person may recover actual and exemplary damages. The provisions shall be liberally construed by the courts to promote its underlying purpose to protect Persons from, and provide adequate remedies to victims of, the disclosure or promotion of intimate visual material.
Utah	§ 76-5b-203, Utah Code.	2014	An actor commits the offense of distribution of intimate images if the actor, with the intent to cause emotional distress or harm, knowingly or intentionally distributes to any third party any intimate image of an individual who is 18 years of age or older, if: (a) the actor knows that the depicted individual has not given consent to the actor to distribute the intimate image; (b) the intimate image was created by or provided to the actor under circumstances in which the individual has a reasonable expectation of privacy; and (c) actual emotional distress or harm is caused to the person as a result of the distribution under this section.	Distribution of an intimate image is a class A misdemeanour.
Vermont	Sec. 2. 13 V.S.A. § 2606	2015	A person violates this section if he or she knowingly discloses a visual image of an identifiable person who is nude or who is engaged in sexual conduct, without his or her consent, with the intent to harm, harass, intimidate, threaten, or coerce the person depicted, and the disclosure would cause a reasonable person to suffer harm. A person may be identifiable from the image itself or information offered in connection with the image. Consent to recording of the visual image does not, by itself, constitute consent for disclosure of the image.	A person who violates this provision shall be imprisoned not more than two years or fined not more than $2,000.00, or both. A person who violates this provision with the intent of disclosing the image for financial profit shall be imprisoned not more than five years or fined not more than $10,000.00, or both.	In addition, the Court may order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the image. The Court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
Virginia	§ 18.2-386.2, Code of Virginia	2014	Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image is guilty.	Such an offense is a Class 1 misdemeanor.
Washington	Title 9A RCW	2015	A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image: (a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; (b) Knows or should have known that the depicted person has not consented to the disclosure; and10 (c) Knows or reasonably should know that disclosure would cause harm to the depicted person.	The crime of disclosing intimate images: (a) Is a gross misdemeanor on the first offense; or (b) Is a class C felony if the defendant has one or more prior convictions for disclosing intimate images.	A person who is under the age of eighteen is not guilty of the crime of disclosing intimate images unless the person: (a) Intentionally and maliciously disclosed an intimate image of another person; (b) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; and (c) Knows or should have known that the depicted person has not consented to the disclosure
West Virginia	§61-8-28a, Code of West Virginia	2017	No person may knowingly and intentionally disclose, cause to be disclosed or threaten to disclose, with the intent to harass, intimidate, threaten, humiliate, embarrass, or coerce, an image of another which shows the intimate parts of the depicted person or shows the depicted person engaged in sexually explicit conduct which was captured under circumstances where the person depicted had a reasonable expectation that the image would not be publicly disclosed.	A person convicted is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, fined not less than $1,000 nor more than $5,000, or both confined and fined.
Wisconsin	§ 942.09, Code of Wisconsin	2014	It provides for posting or publishing a sexually explicit image without consent and providing a penalty. Such an offence is a Class A misdemeanour.	Class A misdemeanors can result in fines up to $10,000, imprisonment up to 9 months or a combination of the two.

United States of America

Alabama

Arizona

Arkansas