Discreetly

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

    North Dakota criminalized nonconsensual sharing of intimate images in 2015, making it a Class A misdemeanor to distribute or threaten to distribute such images without consent. There is no dedicated civil nonconsensual-pornography statute, but related civil claims may be available, and reporting under the criminal statute remains the fastest route to police involvement.

    North Dakota at a Glance

    Statute
    Private Image Coercion / Distribution of Certain Images — N.D.C.C. § 12.1-17-07.2
    Criminal classification
    Class A misdemeanor
    Maximum penalty
    Up to 360 days in jail and a $3,000 fine
    Can you sue?
    Yes — N.D.C.C. Title 32-03 (general civil remedy for invasion of privacy / related tort claims)
    Time limit to sue
    Generally six years for most tort claims under N.D.C.C. § 28-01-16, but confirm the exact period with a North Dakota attorney
    Deepfakes / AI images
    Unclear

    Is Revenge Porn Illegal in North Dakota?

    Yes. N.D.C.C. § 12.1-17-07.2, enacted by SB 2357 in 2015, makes it a crime to knowingly distribute a private image of an individual who is identifiable and who did not consent to the distribution, where the person had a reasonable expectation that the image would remain private.

    The statute also covers threatening to distribute such an image, which is sometimes called 'private image coercion' or 'sextortion' behavior, and can apply even before any image is actually posted.

    Certain disclosures made for legitimate purposes, such as law enforcement investigations or matters of legitimate public concern, are excluded from the offense.

    Penalties for Sharing Intimate Images in North Dakota

    A conviction under § 12.1-17-07.2 is a Class A misdemeanor, the state's most serious misdemeanor level, punishable by up to 360 days in jail and a fine of up to $3,000.

    Related charges can include harassment, stalking, and criminal extortion where someone threatens to release images unless paid or given something in return. If threats or coercion are involved, prosecutors may pursue multiple charges together.

    Images depicting a minor fall instead under North Dakota's much harsher child sexual abuse material offenses, which carry felony-level penalties.

    Can I Sue Someone in North Dakota?

    North Dakota does not have a dedicated nonconsensual-pornography civil statute like some neighbouring states, but a person depicted without consent may still be able to pursue civil claims such as invasion of privacy, intentional infliction of emotional distress, or breach of contract if a written agreement was violated.

    A written agreement between the two of you does not stop someone from sharing images, but it can be strong evidence that there was no consent to share, supporting both a civil claim and a police report.

    Because North Dakota's civil options are less clearly defined than in some states, speak with a North Dakota attorney early to assess which claims fit your situation and what limitation period applies.

    Does North Dakota Cover Deepfakes and AI Images?

    North Dakota's criminal statute focuses on private images depicting the actual victim and does not clearly address images that are digitally altered or entirely AI-generated, so coverage of deepfakes is unclear under current law.

    Regardless of the state law gap, the federal TAKE IT DOWN Act requires covered platforms to remove qualifying nonconsensual intimate images, including many AI-generated forgeries, within 48 hours of a valid takedown request.

    What to Do Right Now If Your Images Were Shared in North Dakota

    1. 1

      Preserve the Evidence Before Reporting It

      Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not rely on a post staying online.

    2. 2

      Use the Platform's Intimate-Image Report

      Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.

    3. 3

      Use StopNCII.org to Limit Re-Uploads

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

    4. 4

      Report It in North Dakota

      Contact your local police department or sheriff's office and refer to N.D.C.C. § 12.1-17-07.2. Flag any threats, stalking, extortion, hacking or images of a minor, because separate and more serious offenses may apply.

    5. 5

      Get Advice About the Civil Claim

      Ask a North Dakota attorney about potential civil claims such as invasion of privacy or breach of a written agreement, since there is no dedicated nonconsensual-pornography statute. Confirm which limitation period applies to your specific claim.

    Be Safer With a Written NDA as Evidence

    Most of North Dakota'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

    North Dakota: Frequently Asked Questions

    Is revenge porn a felony in North Dakota?
    No. Under N.D.C.C. § 12.1-17-07.2 it is a Class A misdemeanor, punishable by up to 360 days in jail and a $3,000 fine.
    Does North Dakota law cover AI deepfake nudes?
    It is unclear. The statute is written around real private images of the victim and does not clearly extend to fully AI-generated or digitally altered images.
    Can I sue someone in North Dakota for sharing intimate images?
    There is no dedicated nonconsensual-pornography civil statute, but related claims like invasion of privacy or breach of contract may be available. Speak with an attorney about your options.
    Does it matter if the person only threatened to share the image?
    Yes, threatening to distribute a private image is covered by the same statute as actually distributing it.
    What if the images depict a minor?
    Those cases fall under North Dakota's child sexual abuse material laws, which carry much more serious felony penalties than § 12.1-17-07.2.

    Sources

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    This page provides general information about North Dakota 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 North Dakota. Last reviewed August 2026.