Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute

66 Fla. L. Rev. 2325 (2014) |

Revenge porn is the term used to describe an intimate image or video that is initially shared within the context of a private relationship but is later publicly disclosed, usually on the Internet, without the consent of the individual featured in the explicit graphic. This nonconsensual disclosure is generally fueled by an intent to harm, humiliate, and harass the individual after the relationship has deteriorated. Revenge porn is fundamentally understood as nonconsensual pornography and is an increasingly common method of malicious cyber-harassment. This Note explores why the epidemic of revenge porn should be legally addressed and suggests a solution to the problem. This Note argues that a federal statute is needed to combat nonconsensual pornography and that a clear and narrow federal statute can pass First Amendment scrutiny. Finally, this Note proposes a model federal statute that can serve as a basis to achieve these goals. In brief, this Note exposes the insidious harms of nonconsensual pornography and urges that a narrowly tailored federal criminal statute is the proper vehicle to address the revenge porn epidemic.

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