Your Legal Rights: Revenge Porn Laws by State (2026)
Federal Law: The TAKE IT DOWN Act
As of May 2025, there is now a federal law specifically targeting non-consensual intimate imagery. The TAKE IT DOWN Act criminalizes distribution of NCII (including deepfakes) and requires platforms to remove reported content within 48 hours.
This federal law provides a baseline of protection regardless of which state you live in. State laws provide additional protections and remedies.
State Law Overview
48 states plus Washington D.C. have laws addressing non-consensual intimate imagery. The laws vary significantly in:
- Criminal vs. civil: Some states only have criminal penalties; others also allow civil lawsuits for damages
- Intent requirements: Some require proof of intent to harm; others cover reckless or negligent distribution
- Deepfake coverage: A growing number of states explicitly cover AI-generated intimate imagery
- Penalties: Range from misdemeanors with small fines to felonies with prison time
States With Strong Protections
Illinois
Illinois has among the strongest protections in the nation through multiple overlapping laws:
- Criminal: Non-consensual dissemination of sexual images is a Class 4 felony (1-3 years imprisonment)
- Civil: Victims can sue for actual damages, punitive damages, and attorney's fees
- BIPA: The Biometric Information Privacy Act provides additional protection when facial recognition or biometric data is involved. Statutory damages of $1,000-$5,000 per violation.
Illinois's BIPA is particularly relevant for NCII cases because any service that processes photos of your face is collecting biometric identifiers. Services that scan facial images without BIPA-compliant consent may be liable.
California
- Criminal: Misdemeanor, up to 6 months jail and $1,000 fine
- Civil: Victims can sue for damages (minimum $1,500 statutory damages per violation)
- Deepfakes: Covered under AB 602, which specifically addresses digitally altered intimate images
- Platform liability: AB 1309 allows victims to sue platforms that fail to remove reported NCII
Texas
- Criminal: Class A misdemeanor (up to 1 year jail, $4,000 fine). Becomes a state jail felony for repeat offenses.
- Civil: Victims can sue for $10,000 minimum statutory damages per violation
- Broad coverage: Covers any "visual material" depicting intimate areas
New York
- Criminal: Class A misdemeanor (up to 1 year jail)
- Civil: Victims can sue for compensatory and punitive damages
- Deepfakes: Covered under recent amendments
How to Use State Laws for Takedowns
Filing a Police Report
A police report under your state's NCII law:
- Creates an official record of the crime
- Triggers law enforcement investigation
- Strengthens platform removal requests
- Preserves your options for criminal prosecution
- Establishes a timeline for civil damages claims
Civil Lawsuits
In states with civil remedies, you can sue the person who distributed your images for:
- Actual damages: Lost income, therapy costs, relocation expenses
- Emotional distress: Pain and suffering, anxiety, depression
- Statutory damages: Minimum per-violation amounts set by law
- Punitive damages: Additional damages to punish egregious conduct
- Attorney's fees: Many states allow winners to recover legal costs
Cease and Desist Letters
A lawyer's letter citing specific state criminal and civil penalties often motivates individuals to remove content voluntarily. This is often the fastest resolution when you know who uploaded the content.
States Without Specific NCII Laws
As of 2026, South Carolina and Mississippi have the weakest NCII protections. However, the federal TAKE IT DOWN Act now provides baseline protection in all states.
Even in states with weak NCII laws, victims may have recourse through:
- Federal TAKE IT DOWN Act (criminal)
- DMCA copyright claims (if you took the photo)
- Harassment or stalking statutes
- Intentional infliction of emotional distress (civil tort)
The BIPA Advantage (Illinois)
If you are in Illinois or your content was processed by a company with Illinois users, BIPA provides unique leverage:
- No intent requirement: Unlike most NCII laws, BIPA violations don't require proof of intent to harm
- Per-scan damages: Every time a service scans your face without consent is a separate $1,000-$5,000 violation
- Class action eligible: BIPA claims can be brought as class actions
- Five-year statute of limitations: Longer than most NCII statutes
IntimaShield's zero-knowledge architecture is specifically designed for BIPA compliance — your photos never leave your device, so no biometric data is collected or processed on our servers.
Getting Legal Help
- Cyber Civil Rights Initiative: Free legal referrals at cybercivilrights.org
- State bar associations: Many offer free attorney referral services
- Legal aid organizations: Free legal help for qualifying individuals
- IntimaShield: We work with attorneys specializing in NCII cases
Start with a free scan to understand the scope of the problem, then consult an attorney about your legal options.