Criminalizing Revenge Porn

38 Pages Posted: 19 Dec 2013 Last revised: 3 Aug 2016

Danielle Keats Citron

University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project; Stanford Law School Center for Internet and Society

Mary Anne Franks

University of Miami School of Law

Date Written: May 19, 2014

Abstract

Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.

Keywords: invasion of privacy

Suggested Citation

Citron, Danielle Keats and Franks, Mary Anne, Criminalizing Revenge Porn (May 19, 2014). Wake Forest Law Review, Vol. 49, 2014, p. 345+; U of Maryland Legal Studies Research Paper No. 2014-1. Available at SSRN: https://ssrn.com/abstract=2368946

Danielle Keats Citron (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Yale University - Yale Information Society Project

127 Wall Street
New Haven, CT 06511
United States

Stanford Law School Center for Internet and Society

Palo Alto, CA
United States

Mary Anne Franks

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

HOME PAGE: http://www.law.miami.edu/faculty/mary-anne-franks

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