Under the Massachusetts revenge porn law enacted in 2024, knowingly distributing nude, partially nude, or sexual images of an identifiable person without their consent is a crime punishable by up to two and a half years in jail and a $10,000 fine for a first offense.1General Court of Massachusetts. Massachusetts Code Chapter 265 Section 43A The law sits at Mass. Gen. Laws ch. 265, § 43A(b), and it works alongside harassment prevention orders, state and federal civil lawsuits, and platform takedown rights that let victims get images removed from the internet.
What Counts as a Crime Under Section 43A(b)
The statute makes it a crime to knowingly distribute visual material showing another identifiable person who is nude, partially nude, or engaged in sexual conduct, when the distribution causes physical harm, economic injury, or substantial emotional distress. The person doing the sharing does not have to be the one who originally took the photo or video.
Prosecutors can prove the case one of two ways. The first is that the distributor acted with intent to harm, harass, intimidate, threaten, or coerce the victim. The second is reckless disregard for three things at once: that the victim would likely suffer harm or emotional distress, that the victim did not consent to the distribution, and that the victim reasonably expected the material to stay private. That second path means someone who posts intimate images without caring about the fallout can still be convicted, even if there was no specific target in mind.
The law also reaches AI-generated and digitally altered images. It covers “visual material produced by digitization,” so creating and sharing a realistic fake nude of another person carries the same penalties as sharing an authentic photo.1General Court of Massachusetts. Massachusetts Code Chapter 265 Section 43A The victim never has to have actually been nude. What matters is that the distributed image depicts them that way and they can be identified.
Criminal Penalties
A first conviction carries up to two and a half years in a house of correction, a fine of up to $10,000, or both. The penalty climbs sharply for repeat offenders. A second or later conviction, or a first offense by someone with a prior criminal harassment conviction under § 43, carries up to two and a half years in a house of correction or up to ten years in state prison, plus a maximum fine of $15,000.1General Court of Massachusetts. Massachusetts Code Chapter 265 Section 43A
Judges have discretion within those ranges. The number of images distributed, how many people saw them, and the severity of the victim’s distress all factor into sentencing.
When the Voyeurism Statute Applies Instead
If the images were secretly recorded in the first place, a different statute may apply. Mass. Gen. Laws ch. 272, § 105(b) covers secretly photographing or recording someone who is nude or partially nude when that person has a reasonable expectation of privacy, as well as “upskirting” and similar surveillance. Each offense carries up to two and a half years in a house of correction, a fine of up to $5,000, or both. Distribution of images obtained that way is punished under § 105(c) with up to two and a half years in a house of correction or up to five years in state prison, and a fine of up to $10,000.2General Court of Massachusetts. Massachusetts Code Chapter 272 Section 105
The line between the two statutes matters. Section 105 only applies when the images were unlawfully captured through secret surveillance. A consensual photo taken during a relationship and later shared to cause harm falls under § 43A(b), not § 105. A defendant who both recorded and distributed images secretly can face charges under both.
Harassment Prevention Orders
A victim does not have to wait for a criminal case to move before getting court protection. Massachusetts allows anyone targeted by nonconsensual distribution of intimate images to request a harassment prevention order under ch. 258E, and the state explicitly lists “distribution of nude or sexual images” as qualifying conduct.3Mass.gov. Find Out if You’re Eligible to Request a Harassment Prevention Order
The order can require the offender to stop distributing the images, stay away from the victim, and stop contacting them. Judges can issue temporary orders the same day a victim files, with a full hearing usually within ten days. Violating the order is a separate criminal offense, which gives victims an enforceable tool while the underlying case works its way through the system.
Suing for Damages Under State Law
Victims can also file a civil lawsuit. Mass. Gen. Laws ch. 214, § 1B gives every person the right to be free from unreasonable, substantial, or serious interference with their privacy, and the superior court can enforce that right and award damages.4General Court of Massachusetts. Massachusetts Code Chapter 214 Section 1B Massachusetts courts have used the statute to award compensation for emotional distress, lost income, and other harms that flow from privacy violations.
Because a civil suit is brought by the victim and uses a lower burden of proof than a criminal case, damages remain available even when prosecutors decline to charge or the criminal evidence falls short. The general statute of limitations for tort claims, including privacy violations, is three years.5General Court of Massachusetts. Massachusetts Code Chapter 260 Section 2A
Federal Civil Action and the TAKE IT DOWN Act
Federal law adds a separate civil claim. Under 15 U.S.C. § 6851, a victim can sue in federal court when intimate images were disclosed using any means of interstate commerce, which includes the internet, social media, email, and text messages. A successful plaintiff can recover either actual damages or liquidated damages of $150,000, plus reasonable attorney’s fees and litigation costs, and the court can order the defendant to stop displaying or sharing the images.6Office of the Law Revision Counsel. 15 USC 6851 – Civil Action Relating to Disclosure of Intimate Images The $150,000 liquidated damages option matters because exact financial losses can be hard to prove in these cases. This federal claim exists alongside the state privacy claim, and a victim can pursue both.
The TAKE IT DOWN Act, signed into federal law in 2025, adds criminal penalties and platform accountability. Publishing a nonconsensual intimate image of an adult is punishable by up to two years in prison, a fine, or both. Images involving minors carry up to three years. The law reaches authentic images and AI-generated deepfakes, and it criminalizes threats to publish intimate images as well.7Congress.gov. The TAKE IT DOWN Act – A Federal Law Prohibiting Nonconsensual Intimate Images
The Act also requires covered platforms, defined as public websites, online services, or apps that primarily host user-generated content, to establish a takedown process. Once a platform receives a valid written notice identifying the content and stating a good-faith belief that it was published without consent, the platform has 48 hours to remove the image and make reasonable efforts to find and remove identical copies. Platforms had until May 19, 2026, to have their processes in place.7Congress.gov. The TAKE IT DOWN Act – A Federal Law Prohibiting Nonconsensual Intimate Images
Getting the Images Removed From the Internet
Legal cases and content removal run on different tracks, and most victims need both. A conviction or judgment does not automatically pull images off the internet. The main removal tools:
- Report the content to every platform hosting it. Major social media services have dedicated reporting flows for nonconsensual intimate images, and under the TAKE IT DOWN Act, covered platforms must remove flagged content within 48 hours of a written request.
- Request Google search delisting. Google accepts requests to remove nonconsensual sexual content from search results through its removal request form and attempts to find and remove duplicates automatically. Delisting removes the pages from search but does not remove them from the host site itself.8Google Search Help. Remove Personal Sexual Content from Google Search
- Send a DMCA takedown notice if you took the image yourself, such as a selfie, because you hold the copyright. If someone else took it, you would need a copyright assignment from the photographer first. DMCA notices work best against U.S.-hosted sites.
- Use a court order. An injunction from a civil lawsuit or a harassment prevention order can force the defendant to remove content they control, and some platforms accept court orders for content that falls outside their standard reporting categories.
Speed matters. Once images are online, they can be copied and redistributed in minutes. Filing platform reports and search delisting requests immediately, even before any legal action, gives you the best chance of limiting the spread.
What to Do First
Preserve evidence before anything else. Screenshot every instance of the images, capturing the URL, the poster’s username, timestamps, and any accompanying text or threats. Save any threatening messages from the person who shared them. Posters can delete content at any time, and this evidence supports both criminal charges and civil claims.
File a police report. Massachusetts law enforcement can investigate under ch. 265, § 43A(b), and a report creates an official record that strengthens a harassment prevention order application. You can also go directly to the district court to request a harassment prevention order without waiting for police.
Start the removal process at the same time. Report the content to every platform where it appears, submit a Google delisting request, and send DMCA notices where you hold the copyright. These steps run in parallel with any criminal or civil case. An attorney experienced in privacy or cyber-harassment work can coordinate the overlapping tracks and keep deadlines from slipping.