Non-consensual pornography entered legal vocabulary in the 2010s as state legislatures began criminalizing the conduct. 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 covers strangers as well as partners. Some states' criminal codes use this exact term in their statutes. Federal law under the TAKE IT DOWN Act supersedes and supplements all state definitions, creating a uniform 48-hour removal right.

Key facts about this term

  1. The term appears in state criminal codes States including California, New York, and Texas have statutes specifically referencing non-consensual pornography. Check your state law for specific definitions and penalties.
  2. Federal law now provides the broadest protection The TAKE IT DOWN Act's 48-hour removal mandate applies regardless of which state-law term is used and covers 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 within 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 sue the person who posted it?

Yes. The TAKE IT DOWN Act creates a private right of action against both perpetrators and non-compliant platforms. Many state NCII statutes also provide civil remedies including damages.

Related glossary terms