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In the United States, victims may have several federal options at once: a civil lawsuit under 15 U.S.C. § 6851, criminal charges under the 2025 TAKE IT DOWN Act, cyberstalking or extortion charges for qualifying threats, and a platform-removal process that generally requires covered services to remove reported images and known identical copies within 48 hours. The right combination depends on what happened, the victim’s age, the sender’s intent, and whether interstate communications or an online service were involved. State, tribal and territorial laws can add remedies.
Federal civil lawsuits for sharing intimate images without consent
Congress created a private federal cause of action in 15 U.S.C. § 6851 through the Violence Against Women Reauthorization Act of 2022. It applies when a person shares an intimate image, explicit picture, recorded video or other covered depiction without the subject’s consent. The Department of Justice explains that consent to taking an image or sending it privately does not, by itself, authorize later publication.
What a plaintiff must prove
- The defendant shared a covered intimate depiction.
- The sharing occurred without the depicted person’s consent.
- The defendant knew, or recklessly disregarded, that the sharing was non-consensual.
Consent is specific to the act authorized. Agreeing to be photographed, sending a picture to one person, or allowing private viewing is not automatically permission to post it publicly or forward it to others.
Available relief
A federal court may issue an injunction ordering the conduct to stop. The court may also award the plaintiff actual financial losses or up to $150,000 in statutory damages, plus reasonable attorney fees and litigation costs, according to DOJ’s 2026 explanation. A plaintiff may ask to proceed under a pseudonym, which can reduce additional exposure of the victim’s identity in court filings.
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Exceptions and boundaries
The statute includes good-faith exceptions for law-enforcement investigations or reports, legal proceedings, and medical or legitimate educational purposes. Commercial pornography is generally outside this particular civil claim unless the depiction was produced through force, fraud, misrepresentation or coercion. Those limits do not necessarily eliminate other state or federal claims.
The TAKE IT DOWN Act: federal criminal rules for publication and threats
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 non-consensual intimate visual depictions and certain threats to publish them. Criminal liability is separate from the civil lawsuit described above; the government, not the victim, brings a criminal prosecution.
Authentic intimate depictions
The Act targets intentional online publication of covered intimate visual material when the subject did not give the legally required consent. Its definition treats consent as affirmative, conscious and voluntary authorization, free from force, fraud, duress, misrepresentation or coercion.
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AI-generated and digitally altered images
The law also reaches qualifying digital forgeries made or altered with software, machine learning, artificial intelligence or other technology when the resulting depiction is indistinguishable from an authentic one to a reasonable person. A fabricated nude can therefore create criminal exposure even when no camera captured the depicted sexual act. Whether a particular image meets the statutory indistinguishability and other definition requirements is fact-specific.
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Threats to publish
Separate provisions address intentional threats to release covered depictions when made to intimidate, coerce, extort or cause mental distress. A message such as “pay me or I will post these images” may implicate this Act as well as the interstate extortion statute, depending on the evidence and the sender’s purpose.
Minors and penalties
The Act contains separate provisions involving depictions of minors. Penalties, forfeiture and the precise charging subsection depend on the conduct and facts, so investigators and prosecutors use the current statutory text rather than a simplified label. If anyone depicted is under 18, treat the matter as urgent and avoid forwarding the files; contact law enforcement or a qualified attorney immediately.
Getting images removed from platforms
The TAKE IT DOWN Act requires covered social-media, messaging, gaming, photo and video services to provide an easy notice process. Federal Trade Commission guidance says that, after a valid report, a covered service must quickly remove the reported intimate image and known identical copies, with the FTC describing a 48-hour deadline.
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Use the service’s notice channel
- Open the platform’s reporting or safety menu on the post, message, profile or search result.
- Select the option for non-consensual intimate imagery, sexual exploitation or the closest available category.
- Submit the original URL, account name, dates, a description of the material and any requested confirmation of your identity or authorization.
- Save the confirmation number, submitted text and time of the request.
Do not delete the evidence before reporting. If the service requires an account, refuses to accept a notice or fails to act within the applicable period, preserve the failed request and report the platform problem through TakeItDown.ftc.gov or the FTC. The FTC’s May 19, 2026 statement says services must give users an easy way to ask for an image to be removed quickly.
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When threats can be cyberstalking or extortion
“Sextortion” is a common description, not one universal federal offense. Prosecutors select statutes whose elements fit the communications, intent, repeated conduct and harm.
Cyberstalking under 18 U.S.C. § 2261A
Cyberstalking generally requires proof of the statutory intent to kill, injure, harass, intimidate or surveil; use of the internet or another interstate facility; a course of conduct; and the required harm element. Depending on the subsection, that harm can be reasonable fear of death or serious bodily injury or substantial emotional distress. Repeated direct messages, tagging, impersonation, publication and contacting family members can form a course of conduct when the other elements are present.
Interstate extortion under 18 U.S.C. § 875
Section 875 covers certain interstate communications transmitting threats to kidnap or injure. It also addresses communications made with intent to extort that threaten injury to a person’s property or reputation, or threaten to accuse the person of a crime. A demand for money in exchange for suppressing sexual images can therefore raise extortion issues, but investigators must match the wording, transmission method and intent to the statutory requirements.
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A one-time threat may not satisfy the course-of-conduct requirement for every cyberstalking charge, yet it can still support an investigation under the TAKE IT DOWN Act, extortion law or state criminal law. Preserve it instead of trying to determine the final charge yourself.
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Which legal path fits the conduct?
| Conduct | Potential federal pathway | What controls the result |
|---|---|---|
| Image or video shared without permission | Civil claim under 15 U.S.C. § 6851; possible criminal publication offense under the TAKE IT DOWN Act | Covered depiction, lack of consent, defendant’s knowledge or intent, and publication facts |
| Threat to post an intimate image | TAKE IT DOWN Act threat provision; possible extortion or cyberstalking charge | Purpose of the threat, wording, transmission, repetition and resulting fear or distress |
| Money demanded to suppress images | Possible interstate extortion under 18 U.S.C. § 875, plus other charges | Interstate communication and intent to obtain something through a reputation-related threat |
| Repeated online harassment or monitoring | Possible cyberstalking under 18 U.S.C. § 2261A | Intent, interstate facility, course of conduct and statutory harm element |
| Realistic AI or digitally altered nude | TAKE IT DOWN Act digital-forgery provision; civil or state remedies may also apply | Whether the depiction is a covered forgery and indistinguishable from authentic material to a reasonable person |
| Victim is under 18 | Child-exploitation statutes and specialized reporting channels may apply | Age, image content, creation, possession, distribution and the offender’s conduct |
Preserve evidence before blocking or deleting
The FBI advises retaining usernames, email addresses, websites, platform names, photos, videos and related information and reporting promptly. Evidence is most useful when it shows context, not only the image itself.
Evidence checklist
- Take screenshots that include the account name, full threat or caption, date and time, and visible URL.
- Copy each post, profile and message URL; record when you accessed it.
- Export platform data or download the conversation when the service offers that function.
- Keep original emails with full headers, payment demands, receipts, cryptocurrency addresses and transaction records.
- Maintain a chronological log of contact, reposts, reports, responses and the effect on your safety or work.
- Store copies in a secure location and limit forwarding, because redistributing the material can create additional legal and personal harm.
How to report and seek immediate help
- Address immediate danger. If the sender threatens physical harm, knows your location, or is coming to you, contact local police or emergency services. Do not meet the person to negotiate.
- Preserve the record. Capture the threat and identifiers before blocking, while following any law-enforcement direction.
- Report the account or post. Use the platform’s abuse process and save the confirmation.
- Report federal leads. Submit relevant information to the FBI at tips.fbi.gov.
- Escalate platform noncompliance. Use TakeItDown.ftc.gov or the FTC when a covered service will not accept or act on a removal request.
- Discuss civil options. A lawyer can evaluate a § 6851 lawsuit, emergency injunctive relief, pseudonymous filing and state claims.
Special situations that change the analysis
Consent disputes
Consent must be tied to the particular disclosure. A person can agree to creation or private transmission while refusing publication. Coercion, fraud, misrepresentation or duress can invalidate purported authorization under the TAKE IT DOWN Act’s definition.
AI “deepfake” material
Save the file, the account that posted it, creation claims, software references and every URL. The federal criminal rule focuses on qualifying forgeries that appear authentic to a reasonable person; not every manipulated image will meet that definition. State laws may use different tests.
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The § 6851 civil cause of action generally excludes commercial pornography unless force, fraud, misrepresentation or coercion was involved. Other privacy, contract, harassment or intellectual-property claims may still be available under applicable state law.
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Victims under 18
Do not download, forward or solicit additional copies. Child-exploitation laws and specialized reporting procedures can apply even when the original sender is another minor. Contact law enforcement, a qualified lawyer or a child-safety reporting service immediately for instructions tailored to the facts.
Federal law is only part of the protection
State, tribal and territorial statutes can provide additional criminal offenses, civil damages, protective orders, identity-protection measures and faster local procedures. Definitions of intimate material, consent, threats, limitation periods and available defendants vary. Jurisdiction can depend on where the victim, sender, platform and servers are located, as well as where the harm occurred.
A federal civil case and a criminal report can proceed on different tracks. A victim does not have to wait for a criminal investigation before asking a court for an injunction, but filing strategy, preservation of evidence and communications with investigators should be coordinated with counsel.
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What to do first
Prioritize safety, preserve the complete record, request removal through every affected service, and report threats promptly. The strongest legal route is determined by the exact content, consent history, age of everyone depicted, sender’s intent, interstate communications and resulting harm. A qualified attorney or victim advocate can assess those facts under current federal and local law.
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