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Important: Federal law is only part of the analysis. A lawyer, victim advocate or law-enforcement officer can assess state law, immediate safety, age, evidence and the correct jurisdiction. Do not delay emergency help if a threat involves physical harm, a minor or an imminent release.
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Which federal protections apply?
| Conduct | Primary federal route | Key proof or condition | Potential result |
|---|---|---|---|
| Sharing an intimate depiction without permission | 15 U.S.C. § 6851 civil action | The defendant shared a covered depiction without consent and knew or recklessly disregarded the lack of consent | Injunction, actual damages or up to $150,000, plus attorney fees and costs; pseudonymous filing may be requested |
| Intentional online publication of an authentic intimate depiction | TAKE IT DOWN Act, amending 47 U.S.C. § 223 | Publication fits the Act’s covered depiction and consent definitions | Federal criminal exposure; penalties and forfeiture depend on the subsection and facts |
| Indistinguishable AI or other digital forgery | TAKE IT DOWN Act | The altered depiction is indistinguishable from an authentic one to a reasonable person and meets the statutory conditions | Federal criminal exposure under the applicable provision |
| Threatening to publish sexual images | TAKE IT DOWN Act and, depending on facts, cyberstalking or extortion statutes | Intent, wording, communications, course of conduct and effect on the victim matter | Possible federal investigation and charges; the statutes have different elements |
| Demanding money or another benefit to suppress images | 18 U.S.C. § 875 (interstate extortion) | An interstate communication containing a qualifying threat made with intent to extort | Possible federal extortion prosecution |
| Repeated online harassment that causes fear or substantial emotional distress | 18 U.S.C. § 2261A (cyberstalking) | Required intent, interstate electronic communication, course of conduct and the applicable fear or distress result | Possible federal cyberstalking prosecution |
| Removal from a covered online service | TAKE IT DOWN Act notice process and FTC enforcement | A valid request identifying the intimate image or known identical copies | Covered services must provide an easy request method and, under FTC guidance, act within 48 hours |
Federal civil lawsuit under 15 U.S.C. § 6851
What the law covers
Congress added 15 U.S.C. § 6851 through the Violence Against Women Reauthorization Act of 2022. It lets a person sue in federal court when an intimate image, explicit picture, recorded video or another covered depiction is shared without consent. The statute is aimed at non-consensual distribution, often called “revenge porn,” but the legal test is not the label used for the conduct.
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What a successful plaintiff can obtain
- An injunction ordering the defendant to stop the conduct or prohibiting further distribution.
- Actual financial damages, or a statutory award of up to $150,000 as described by the DOJ in 2026.
- Reasonable attorney fees and litigation costs.
- A request to proceed under a pseudonym, which can reduce public exposure in the court record. The judge decides whether that request is allowed.
The $150,000 figure is a maximum statutory award, not an automatic payment. The amount and other relief depend on the evidence and the court’s decisions.
Exceptions and boundaries
The statute contains good-faith exceptions for law-enforcement investigations or reports, legal proceedings, and medical or legitimate educational purposes. Commercial pornography is generally outside this cause of action unless the depiction was produced through force, fraud, misrepresentation or coercion. Those boundaries do not prevent other civil or criminal laws from applying to the same facts.
Practical litigation issues
Preserve the original post, messages and account information before asking for deletion. A lawyer can seek emergency injunctive relief when continued distribution is likely, identify anonymous defendants through court process, and request pseudonymous treatment. Federal jurisdiction and filing deadlines can vary with the facts, so a prompt consultation is important.
The TAKE IT DOWN Act: criminal rules for publication, forgeries and threats
When it applies
Public Law 119-12, the TAKE IT DOWN Act, became law on May 19, 2025. It amended 47 U.S.C. § 223 to prohibit specified intentional online publication of covered non-consensual intimate visual depictions. The Act’s consent definition requires affirmative, conscious and voluntary authorization that is free from force, fraud, duress, misrepresentation or coercion.
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Authentic images and videos
An intentional online publication can fall within the Act when the person depicted did not provide the legally required consent. The fact that the image was originally made voluntarily, or sent to the publisher privately, does not establish consent to public posting.
AI and other digital forgeries
The Act also reaches qualifying digital forgeries made or altered with software, machine learning, artificial intelligence or another technology. The statutory test includes whether the depiction is indistinguishable from an authentic one to a reasonable person. A crude parody may not satisfy that test, while a convincing synthetic nude can present a materially different legal risk.
Threats to publish
Separate provisions address intentional threats made to intimidate, coerce, extort or create mental distress. A message saying that images will be posted unless the victim pays, sends more material or obeys a demand may implicate the Act as well as other federal statutes. Investigators and prosecutors still must match the exact words, intent and circumstances to the relevant subsection.
Images involving minors
The Act has separate provisions concerning depictions of minors. Child-exploitation statutes can carry additional and severe consequences, and the correct reporting route may differ. Do not download, forward or deliberately retain illegal material; preserve identifying information and contact law enforcement or a qualified attorney immediately.
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The Act’s penalties and forfeiture rules differ by subsection and facts. Use the current statutory text and legal advice for charging details rather than assuming every violation has the same punishment.
How the 48-hour platform-removal process works
FTC guidance says covered social-media, messaging, gaming, photo and video services must provide an easy way to request removal of a reported intimate image. After a qualifying request, the FTC describes a 48-hour deadline for removing the reported material and known identical copies. This is a platform obligation; it does not decide whether a defendant is civilly liable or criminally guilty.
- Capture evidence first. Save the post URL, account name, date and time, the full image or video page, and any confirmation number. Take screenshots that show the surrounding threat or caption.
- Use the service’s abuse or intimate-image form. Follow the platform’s current reporting path and identify every known URL or identical copy.
- Keep the submission record. Save emails, ticket numbers and the text of your request so you can prove when the 48-hour period began.
- Escalate a failure. If the service requires an account, refuses to accept the request or does not act, report the problem at TakeItDown.ftc.gov or to the Federal Trade Commission.
Removing one copy does not guarantee that screenshots, downloads, private messages or posts on another service are gone. Repeat the evidence-and-request process for each location while avoiding further circulation.
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When a sexual threat is also cyberstalking or extortion
Cyberstalking under 18 U.S.C. § 2261A
There is no single universal federal “sextortion” offense for every situation. DOJ explains that cyberstalking generally requires the statutory intent to kill, injure, harass, intimidate or surveil; use of the internet or another interstate facility; a course of conduct; and either reasonable fear of death or serious bodily injury or substantial emotional distress, depending on the subsection. One angry message may not satisfy every element, while repeated messages from multiple accounts can create a stronger course-of-conduct record.
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Interstate extortion under 18 U.S.C. § 875
Section 875 can apply to interstate communications transmitting threats to kidnap or injure, and to threats to injure a person’s property or reputation or accuse the person of a crime when made with intent to extort. A demand for money in exchange for suppressing sexual images can therefore raise extortion issues. Prosecutors must still prove the communication crossed state or national lines as required and satisfy the statute’s intent and threat language.
What to do during an active threat
- If you fear immediate physical harm, call emergency services and tell responders about the online threat.
- Do not pay, send additional images or agree to escalating demands merely to obtain a promise of deletion; payment does not guarantee silence.
- Tell a trusted person, secure your accounts and preserve every message before blocking or muting an account.
- Report the conduct to local police and provide the preserved evidence. Federal agencies may become involved when interstate communications, online services or organized schemes are present.
Evidence and reporting checklist
The FBI advises retaining usernames, email addresses, websites, platform names, photos, videos and related information and reporting promptly. Build a chronological record that another person can understand.
- Save screenshots showing the complete threat, account name, date, time and URL; do not crop away context.
- Export platform data when that option is available, and preserve email headers for threatening emails.
- Record payment demands, cryptocurrency addresses, gift-card numbers, bank details and transaction receipts.
- Keep the original files in a secure location and make a second, access-controlled copy. Avoid editing metadata or re-saving files in a way that changes it.
- Report the account or post through the platform’s abuse channel, retaining the ticket or confirmation number.
- For federal investigative information, submit relevant material at tips.fbi.gov. Use local police for immediate threats and the FTC process for a platform’s failure to comply.
Do not delete the conversation because you are embarrassed. If viewing the material is unsafe or traumatic, ask a trusted person or advocate to help preserve it without forwarding it to unnecessary recipients.
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Special considerations when the victim is a minor
Age changes the analysis. Child-exploitation statutes and specialized reporting channels may apply even when the minor created the image or initially sent it voluntarily. A minor should not be blamed for the abuse or pressured to negotiate with the sender. Contact law enforcement, a qualified lawyer or a child-safety advocate immediately, provide account and URL information, and follow instructions about preserving evidence. Do not repost or circulate the image while seeking help.
State law, jurisdiction and choosing a remedy
Federal remedies do not replace state, tribal or territorial law. Those laws may define intimate depictions differently, impose different filing deadlines, authorize protective orders or provide criminal penalties for conduct that falls outside a federal statute. The location of the victim, defendant, servers, communications and publication can affect jurisdiction. A lawyer can determine whether to pursue a federal civil case, a state claim, a criminal report, emergency injunctive relief, or several routes at once.
Keep the pathways separate in your expectations: a takedown request seeks rapid removal; a civil case seeks court-ordered relief and money; a criminal report asks investigators and prosecutors to enforce criminal statutes. One pathway can support another, but none guarantees a particular result.
Common mistakes that weaken a case
- Waiting to preserve evidence until after deleting the post or blocking the account.
- Assuming private sharing, dating or prior consent proves consent to public distribution.
- Threatening the sender back, doxxing them or publicly reposting the material to prove what happened.
- Assuming an AI label ends the legal issue; the Act’s digital-forgery test focuses on whether the depiction is indistinguishable from an authentic one to a reasonable person.
- Relying on one platform’s removal as proof that copies elsewhere are gone.
- Treating every sexual threat as the same offense; cyberstalking, extortion and the TAKE IT DOWN Act require different facts and elements.
What victims can realistically expect
The strongest response is usually parallel and prompt: preserve evidence, request platform removal, report immediate danger, and obtain legal advice about civil and criminal options. The federal civil remedy can provide an injunction, damages and fees when its proof requirements are met. The TAKE IT DOWN Act and existing threat statutes can support criminal investigation, but charging decisions belong to prosecutors and depend on the exact conduct. State law may add faster protective orders or additional claims. None of these laws makes the victim responsible for the offender’s decision to share or threaten; the legal focus is the offender’s conduct, intent and knowledge.
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For official reporting guidance, use TakeItDown.ftc.gov for platform noncompliance and tips.fbi.gov for information relevant to the FBI. A qualified attorney or victim advocate can tailor the next step to the victim’s state, age, safety and evidence.
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