An examination of U.S. image-based sexual abuse legislation: An assessment of federal and state responses to nonconsensual dissemination of intimate images

Abstract

Nonconsensual dissemination of intimate images (NCDII), which is broadly defined as sharing or threatening to share nude or sexual images without the subject's consent, represents a pervasive form of technology-facilitated abuse that undermines individuals’ privacy, autonomy, and psychological well-being. In the United States, all 50 states and the federal government have enacted legislation addressing NCDII, yet substantial variation persists among these laws. This study provides a comprehensive review of state and federal statutes criminalizing NCDII to evaluate inconsistencies in statutory definitions, consent standards, and the scope of criminal liability across jurisdictions, highlighting how divergent legislative approaches categorize prohibited conduct, assign culpability, and structure penalties. In addition, the study explores key enforcement challenges (e.g., evidentiary burdens, jurisdictional limitations, and the implications of emerging technologies) that complicate prosecution and limit effective redress. By synthesizing current legal frameworks, this study highlights critical gaps and ambiguities that may weaken victim protection and impede offender accountability. To that end, the study underscores the need for greater statutory uniformity, clearer definitional standards, and enhanced institutional awareness among relevant stakeholders (e.g., policymakers, law enforcement, the public) regarding the harms and dynamics of NCDII. Overall, this study contributes to the growing body of scholarship examining image-based sexual abuse by mapping the U.S. legislative landscape, elucidating challenges in legal practice, and proposing avenues for reform aimed at strengthening victims’ rights while ensuring consistent and effective enforcement against nonconsensual image distribution.