When Someone You Know Leaked Your Content

Random leakers are one thing. But when the person who shared your intimate content is someone you trusted—an ex-partner, a former friend, someone who can be identified—you have options beyond DMCA takedowns. In many states, what they did is a crime.

This Is Different from Anonymous Leaks

When you know who leaked your content, the game changes:

• Criminal charges: "Revenge porn" laws in most states make this a crime
• Civil lawsuits: Sue for damages, emotional distress, and legal fees
• Restraining orders: Legal protection from further harassment
• Platform bans: Much easier to get someone banned when you can name them

Revenge Porn Laws: State by State

As of 2024, 48 states plus DC have laws criminalizing non-consensual sharing of intimate images. The only holdouts are South Carolina and Mississippi.

What These Laws Cover

Most state laws criminalize sharing intimate images of someone without their consent, when:

• The person depicted is identifiable
• The images were obtained or created with expectation of privacy
• The sharer intended to cause harm, or knew it would cause harm

Penalties Vary Widely

Some states elevate the charge to a felony for repeat offenders, distribution for profit, or when the victim is a minor.

Federal Law: The SHIELD Act

The federal SHIELD Act (Stopping Harmful Image Exploitation and Limiting Distribution) makes it a federal crime to share intimate images without consent, with penalties up to:

• 5 years in prison
• Fines
• Applies even when the sharer and victim are in different states

How to File a Criminal Report

1. Document everything: Screenshots of the leaked content, the platform it's on, any messages from the person, timestamps
2. Contact local police: File a report with your local department. Some have specialized cybercrime units.
3. Request the relevant statute: Specifically ask them to investigate under your state's revenge porn law
4. Follow up: Police are often unfamiliar with these laws. You may need to educate them or escalate to a prosecutor

Common Obstacles

Unfortunately, law enforcement doesn't always take these reports seriously. Common responses:

• "It's a civil matter"
• "We can't do anything about the internet"
• "You shouldn't have taken those pictures"

If you hit resistance, escalate to the prosecutor's office, contact a victim advocacy organization, or consult with a lawyer who can push the case forward.

Civil Lawsuits: Suing for Damages

Even if police don't act, you can sue the person directly. Civil cases are often more effective because:

• Lower burden of proof (preponderance vs. beyond reasonable doubt)
• You control the case, not prosecutors
• Financial damages can be substantial
• Many people settle to avoid public court records

What You Can Sue For

• Invasion of privacy
• Intentional infliction of emotional distress
• Copyright infringement (you own the copyright to images of yourself)
• Defamation (if they made false statements)
• Violation of state revenge porn civil statutes (many states allow civil suits)

Damages Can Include

• Actual damages (lost income, therapy costs)
• Emotional distress damages
• Statutory damages (some states have minimums, e.g., $10,000 in CA)
• Attorney's fees
• Punitive damages (in egregious cases)

Getting a Restraining Order

If the person who leaked your content is harassing you or you fear further distribution, you can seek a restraining order. This can include:

• No contact orders
• Orders to remove content
• Orders not to share additional content
• Stay-away requirements

Violating a restraining order is a separate crime, giving you additional leverage.

Resources

• Cyber Civil Rights Initiative: cybercivilrights.org — crisis helpline and resources
• CCRI Crisis Helpline: 844-878-CCRI (2274)
• Without My Consent: Legal guides and referrals
• Victim Rights Law Center: Free legal help for victims

What to Do Right Now

1. Document: Screenshot everything. Save URLs, messages, timestamps.
2. Don't confront them yet: Anything you say could complicate legal action.
3. File takedowns: Get the content removed (or start the process) while you pursue other options.
4. Consult a lawyer: Many offer free consultations for these cases.
5. Consider your goals: Criminal charges? Civil damages? Just making it stop? Your strategy depends on what you want.