Revenge Porn Laws in Arizona

Revenge porn is a type of nonconsensual pornography, in which nude or sexually explicit images of someone else are distributed to humiliate and harm the subject of the images.

Is Revenge Porn Illegal in Arizona?

Yes, Arizona makes it a crime to disclose private images of another without consent and with the intent to harm, harass, threaten, or coerce that person. Private images include nude and sexually explicit images, in which the person is identified or identifiable. Even if the person originally consented to their taking or sent the images, these images will still be considered private if there was a reasonable expectation that they weren't meant to be shared.

For instance, say a couple sexted nude photos to each other during their marriage. They never shared the images with people outside the marriage. Later, the couple goes through a nasty divorce. One spouse decides to get even by sending out the other's nude images to their family and friends. This unlawful disclosure would likely be revenge porn. The images were taken and sent consensually, but it was reasonable for both individuals to expect those images to remain private even after the marriage was over.

Prosecutors must prove all the elements of a crime beyond a reasonable doubt (a near-certainty standard).

(Ariz. Rev. Stat. § 13-1425 (2024).)

What Are the Penalties for Revenge Porn in Arizona?

Arizona makes it a felony to unlawfully disclose private nude or sexually explicit images. The crime carries penalties for a class 5 felony unless the defendant discloses the images electronically. In this case, it's a class 4 felony. Threats to disclose such images is a class 1 misdemeanor.

A person convicted of a class 5 felony faces 9 months to 2 years of prison time. Class 4 felonies carrier 18 months to 3 years' incarceration. The maximum penalty for a class 1 misdemeanor is six months of jail time and a $2,500 fine.

(Ariz. Rev. Stat. § 13-1425 (2024).)

Can a Revenge Porn Victim Sue for Damages in Arizona?

Yes, Arizona law allows victims of revenge porn to file a civil action against a defendant. The elements of the civil action are similar to the crime.

Civil Action for Revenge Porn

A defendant can be found liable under this law for intentionally and without consent disclosing or threatening to disclose private intimate images of another. The depicted person must be identified or identifiable and suffer harm from the disclosure or threatened disclosure.

Private images include those that were created or obtained under circumstances where a reasonable expectation of privacy exists. They can also include images the defendant obtained unlawfully, such as through theft, bribery, extortion, fraud, or voyeurism.

Harm can include physical harm, economic harm, or emotional distress.

Damages for Revenge Porn

To win a civil lawsuit, the plaintiff must prove their case by a preponderance of the evidence (a more-likely-than-not standard). This standard of proof is much lower than what's required in criminal court. So, even if a defendant isn't found guilty in criminal court, they could still be liable for damages in civil court.

A plaintiff can recover actual damages for the harm caused by the defendant, statutory damages up to $10,000 for each disclosure or threatened disclosure, punitive damages, and reasonable attorneys' fees. If the defendant made any money off of disclosing the images, the plaintiff may receive this amount in the award as well.

Statutes of Limitations

A victim has four years to bring the civil action. The clock starts running from the date the disclosure was discovered or should have been discovered or from the date the threat was made. For victims who were minors, the clock doesn't start until they reach 18.

(Ariz. Rev. Stat. § 12-741 (2024).)

Getting More Help

If you're charged with a crime tied to revenge porn, you should talk to a criminal defense attorney in your state. An attorney can tell you how your case is likely to be treated and what you can do to protect your rights and obtain the best possible outcome. A conviction can mean not only possible time behind bars and fines but also a long-lasting criminal record.

If you are a victim of revenge porn, you can report the offense to the police. You may also wish to talk to a civil attorney who can help you get the photos removed from the internet and possibly take other legal action. The Cyber Civil Rights Legal Project provides some victims of revenge porn with pro bono representation.