Non-consensual intimate imagery is a broad legal term that covers photographs, videos, and AI-generated depictions of a person in a sexual or intimate context that are shared, posted, or distributed without that person's permission. The term encompasses what was once colloquially called 'revenge porn,' but extends well beyond partner-based abuse to include strangers, hackers, AI tools, and commercial exploitation. The 2026 TAKE IT DOWN Act created the first comprehensive federal right of removal, requiring covered platforms to act within 48 hours of a verified notice.

Key facts about this term

  1. NCII includes real and AI-generated content Under the TAKE IT DOWN Act, both authentic photographs and AI-generated or deepfake depictions are covered if they represent a real, identifiable person without consent.
  2. Consent cannot be retroactively expanded An image shared consensually in one context — for example, with a partner — does not become permissible to redistribute. Redistribution without consent is a new violation regardless of how the image was originally shared.
  3. Victims have a federal right to removal in 48 hours Covered platforms must remove verified NCII within 48 hours of a valid notice under 47 U.S.C. § 223a. Failure to comply carries civil and criminal penalties.

Frequently asked questions

Is NCII illegal everywhere in the United States?

Federal law now covers NCII under the TAKE IT DOWN Act, effective 2026. Most states also have their own NCII statutes. Federal law provides the broadest coverage and the 48-hour removal mandate.

Does NCII only apply to adults?

No. Images of minors are covered under both NCII law and existing child sexual abuse material (CSAM) statutes, which carry additional penalties. The TAKE IT DOWN Act explicitly prioritizes the protection of minors.

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