Revenge porn—the non-consensual disclosure of private intimate images—is taken seriously in North Carolina. Both victims and defendants face severe emotional, reputational, and legal consequences. However, accusations of spreading revenge porn are not the same as a conviction, and a skilled criminal defense attorney can protect your rights.
Hancock Law Firm understands how high the stakes are when you’re accused of sharing revenge porn. Whether you are facing revenge porn charges or are under investigation, you need immediate, skilled representation. Joel Hancock is deeply committed to helping clients navigate the legal system and protecting their rights.
If you’ve been charged with sharing revenge porn, don’t face the legal system alone. Call Hancock Law Firm to learn how we can advocate for you.
How Is Revenge Porn Defined Under North Carolina Law?
In North Carolina, “revenge porn” is formally addressed in N.C. Gen. Stat. § 14-190.5A. This statute criminalizes any non-consensual disclosure of private, sexually explicit images with the intent to harm or harass another person. The law protects people from having intimate photos or videos shared without their permission, which often happens in the context of a breakup or personal dispute.
Under the law, it is illegal to disclose a private image of another person with the intent to coerce, harass, intimidate, threaten, or cause them emotional distress.
The prosecution must prove three key elements to convict someone of revenge porn charges:
- The defendant intentionally disclosed the image.
- The person depicted did not consent to that disclosure.
- The disclosure was made with the intent to harm, harass, intimidate, or emotionally distress the subject.
The law applies to a wide range of content. For example, images or videos showing nudity, sexual activity, or intimate body parts may not be intentionally disclosed to others. For the statute to apply, the person depicted must have had a reasonable expectation of privacy, meaning the image was not publicly posted or widely shared by the subject. For example, imagine two people in a relationship exchanged nude photos. After a contentious breakup, one partner sends their ex’s nude photos to their boss or posts the photos online. Because the ex had a reasonable expectation of privacy, this qualifies as a crime under the revenge porn statute.
Similarly, this statute covers AI-generated porn, sometimes called “deepfakes.” AI-generated revenge porn is defined as “computer‑generated visual depiction[s], including a realistic visual depiction created, adapted, or modified by technological means, including algorithms or artificial intelligence, such that a reasonable person would believe the image depicts an identifiable individual.” In other words, if it looks real—even if it isn’t—it falls under the revenge porn statute.
The law applies regardless of how images or videos are distributed. Digital and physical sharing are both covered, including:
- Text messages
- Emails
- Social media posts (Facebook, Instagram, X, Snapchat, etc.)
- Websites or forums
- Printed photographs or recordings
Criminal Penalties for Revenge Porn in NC
North Carolina treats the non-consensual disclosure of private images as a serious offense, and the penalties reflect the harm such conduct can inflict. Criminal charges and sentencing depend on several factors, including the defendant’s age, the circumstances surrounding the disclosure, and the victim’s identity.
For adults (age 18 and older), revenge porn is typically classified as a Class H felony, which is punishable by fines and up to 39 months in prison.
If the offender is a minor, the offense is reduced to a Class 1 misdemeanor, which is the most serious misdemeanor level in North Carolina. If convicted, you could serve up to 120 days in prison and pay significant fines. However, if an underage defendant is convicted of second or subsequent revenge porn charges, the offense is a Class H felony.
Note that North Carolina law allows prosecutors to charge each individual image as a separate offense. This means that if multiple images are shared, each one can lead to its own criminal count. This dramatically increases the potential penalties. Furthermore, the statute allows victims to hold perpetrators civilly liable. Even if you’re not convicted, you may still face civil fines and other penalties.
It’s important to take revenge porn charges seriously. A conviction can carry long-term consequences that affect your freedom, reputation, voting and firearm rights, and future job and housing opportunities.
Defenses Against Revenge Porn Charges
Not every revenge allegation leads to a conviction. North Carolina law requires the prosecution to prove specific elements beyond a reasonable doubt. Depending on your specific circumstances, you may have one or more of these defenses available:
- Lack of intent to harm or harass
- Consent to distribution or sharing
- No expectation of privacy (that is, the photo was publicly posted or shared broadly by the subject)
- Mistaken identity or false accusation
- Insufficient evidence linking you to the act
- Unauthorized access (images were obtained or shared by a third party)
Revenge porn allegations often arise in emotionally charged situations like breakups, custody battles, and social conflicts. These dynamics can result in false or exaggerated claims, especially when communication and intent are open to interpretation. Your attorney’s strategy may include:
- Digital forensic review to trace the origin and distribution of images
- Interviewing witnesses who can clarify relationships and intent
- Challenging the credibility of the accusation through contradictions or a lack of evidence
Why Choose Hancock Law Firm to Defend Against Revenge Porn Charges?
When you’re facing a North Carolina revenge porn charge, you need more than just legal knowledge—you need a defense attorney who understands how local prosecutors and judges handle these sensitive cases. Hancock Law Firm offers legal skill and deep local insight. Our firm can spot opportunities for dismissal, advocate for entry into diversion programs when available, and negotiate plea deals that protect your future.
Unlike firms that offer a one-size-fits-all approach, Hancock Law Firm builds your defense around your unique situation. We take the time to understand the full context, whether that includes a messy breakup, contested custody, or unauthorized image sharing by a third party. We’ll investigate and develop a strategy to give you the best possible chance at a favorable outcome.
Contact a North Carolina Criminal Defense Attorney at Hancock Law Firm
If you’re facing revenge porn charges in North Carolina, there’s no time to lose. Call Hancock Law Firm today to find out how we can defend you.