Non-consensual pornography entered legal discussions in the 2010s as state legislatures began addressing the issue. The term specifies that the content is sexual or pornographic in nature and was distributed without consent. Unlike the narrower 'revenge porn' framing, it does not imply a motive of revenge and includes situations involving strangers as well as partners. Some states' criminal codes use this exact term in their statutes.

Key facts about this term

  1. The term appears in state criminal codes States including California, New York, and Texas have statutes that specifically reference non-consensual pornography. Check your state law for specific definitions and context.
  2. Federal law now provides the broadest definitions Federal legislation establishes standards that apply regardless of which state-law term is used and encompasses platforms that operate across state lines.
  3. AI-generated content is included Courts and federal regulators have confirmed that realistic synthetic or AI-generated intimate imagery of identifiable individuals falls under the definition of non-consensual pornography.

Frequently asked questions

Is non-consensual pornography the same as NCII?

The terms are functionally identical in most legal contexts. NCII is the broader, more modern term used in federal law and international policy. Some state criminal statutes specifically use 'non-consensual pornography.'

Can I take action against the person who posted it?

Yes. Many state NCII statutes provide options for civil action. Users can explore their options based on the report findings.

Related glossary terms