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    Revenge Porn Laws in Massachusetts (2026): Your Rights and What to Do

    Massachusetts was one of the last states to pass a dedicated revenge porn law, criminalizing nonconsensual distribution of intimate images under the 2024 Act to Prevent Abuse and Exploitation. The law reaches AI-generated and altered images as well as real ones, and victims can also pursue civil claims under existing Massachusetts privacy and tort law.

    Massachusetts at a Glance

    Statute
    Nonconsensual Distribution of an Intimate Image — Mass. Gen. Laws ch. 265, § 43A
    Criminal classification
    Misdemeanor for a first offense; felony for a repeat offense or where the victim is a minor
    Maximum penalty
    Up to 2.5 years in a house of correction and/or a $10,000 fine for a first offense; enhanced felony penalties of up to 5 years in state prison for repeat offenses or offenses involving a minor
    Can you sue?
    Yes — General Massachusetts tort law (invasion of privacy under Mass. Gen. Laws ch. 214, § 1B, intentional infliction of emotional distress) and injunctive relief available alongside the criminal case
    Time limit to sue
    Generally three years for most personal-injury and privacy tort claims under Mass. Gen. Laws ch. 260, § 2A
    Deepfakes / AI images
    Covered

    Is Revenge Porn Illegal in Massachusetts?

    Yes, since 18 September 2024. The Act to Prevent Abuse and Exploitation added Mass. Gen. Laws ch. 265, § 43A, making it a crime to knowingly distribute a visual image of another identifiable person's sexual or intimate parts, or of them engaged in sexual conduct, without their consent and with intent to harm, harass, intimidate, threaten, or coerce them, or in reckless disregard of the harm that distribution is likely to cause.

    The person must be identifiable and must have had a reasonable expectation that the image would remain private. The law includes exemptions for lawful law enforcement, medical, and reporting activity.

    Before this law, Massachusetts prosecutors had to rely on general harassment, criminal stalking, or wiretap statutes, which often did not fit revenge porn cases well. Section 43A closed that gap directly.

    Penalties for Sharing Intimate Images in Massachusetts

    A first offense is punishable by up to two and a half years in a house of correction, a fine of up to $10,000, or both.

    A subsequent offense, or an offense where the victim is a minor, is a felony carrying substantially higher penalties, including a state prison sentence of up to five years.

    Related charges frequently apply alongside § 43A, including criminal harassment under ch. 265, § 43A(prior harassment provisions), stalking under ch. 265, § 43, and extortion where someone threatens to share images unless paid or given more images.

    Can I Sue Someone in Massachusetts?

    Massachusetts does not yet have a standalone statutory civil cause of action specifically for nonconsensual pornography, so civil claims are generally brought under existing law: invasion of privacy under ch. 214, § 1B, intentional infliction of emotional distress, and, where applicable, breach of contract.

    Courts can grant both damages and injunctive relief ordering someone to stop distributing images and take down existing posts. If you had a written agreement with the other person about how images could be used, evidence that they broke it can support a contract claim showing there was no consent to share, though it is evidence of the breach rather than something that could have stopped the sharing.

    The general limitation period for most Massachusetts tort claims is three years under ch. 260, § 2A, so speak to a Massachusetts attorney promptly to protect your options.

    Does Massachusetts Cover Deepfakes and AI Images?

    Yes. The 2024 Act to Prevent Abuse and Exploitation was drafted to include images created or altered using artificial intelligence or other digital means, so long as the resulting image appears to depict the identifiable victim in a sexual or intimate way.

    This puts fabricated and manipulated images on the same footing as real photographs and video for the criminal offense. The federal TAKE IT DOWN Act separately requires covered platforms to remove reported nonconsensual intimate images, including deepfakes, within 48 hours of a valid request.

    What to Do Right Now If Your Images Were Shared in Massachusetts

    1. 1

      Preserve the Evidence Before Reporting It

      Capture screenshots showing the post, account name, full URL, and date and time before it can be taken down or altered. Keep original files and messages in a safe place the other person cannot reach.

    2. 2

      Use the Platform's Intimate-Image Report

      Report through the platform's nonconsensual intimate imagery process specifically, not a general complaint, and save any confirmation emails or ticket numbers you receive.

    3. 3

      Use StopNCII.org to Limit Re-Uploads

      For adult images, StopNCII.org creates a digital fingerprint on your own device and shares that hash, not the image itself, with participating platforms. If you were under 18 in the image, use NCMEC's Take It Down service instead.

    4. 4

      Report It in Massachusetts

      Contact your local police department and reference Mass. Gen. Laws ch. 265, § 43A, mentioning whether the image was AI-generated or altered. Flag any threats, stalking, or extortion accompanying the images.

    5. 5

      Get Advice About the Civil Claim

      Ask a Massachusetts attorney about an invasion of privacy or emotional distress claim, and about breach of any written agreement as evidence there was no consent to share the images.

    Be Safer With a Written NDA as Evidence

    Most of Massachusetts's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

    Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

    Create a free agreement

    Massachusetts: Frequently Asked Questions

    Is revenge porn a felony in Massachusetts?
    A first offense under ch. 265, § 43A is a misdemeanor, but a repeat offense or one involving a minor victim is a felony carrying up to five years in state prison.
    Does Massachusetts law cover AI deepfake nudes?
    Yes. The 2024 Act to Prevent Abuse and Exploitation covers images created or altered by artificial intelligence that appear to depict the identifiable victim.
    Can I sue someone in Massachusetts for sharing intimate images?
    Massachusetts does not have a dedicated civil nonconsensual pornography statute, but victims can generally sue for invasion of privacy or intentional infliction of emotional distress, and pursue a contract claim if a written agreement was broken.
    When did Massachusetts criminalize revenge porn?
    Massachusetts was the 49th state to do so, when Governor Healey signed the Act to Prevent Abuse and Exploitation on 20 June 2024, effective 18 September 2024.
    What if the other person threatens to post more images unless I pay them?
    That conduct can also amount to extortion or criminal harassment under separate Massachusetts statutes, in addition to any charge under ch. 265, § 43A.

    Sources

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    This page provides general information about Massachusetts law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Massachusetts. Last reviewed August 2026.