Yes, under Arizona law (A.R.S. § 13-1425), it's illegal to intentionally disclose explicit images of someone without their consent. It can lead to serious criminal charges and penalties.
The revenge porn law in Arizona, A.R.S. 13-1425, is a relatively recent addition to the criminal code. A statute similar to the existing law was originally enacted in 2014. However, as soon as it was signed into law, it was challenged by the ACLU. That challenge included, among other things, the fact that the law, as then written, was overly broad. As such, it could have applied to artistic or newsworthy articles and books. As a result of the lawsuit, which put the act on hold, the legislature crafted a new bill, which
Revenge porn is likely, in many (though not all) cases, to stem from a romantic or intimate relationship. It may have its genesis in a couple sharing nude or partially nude photos or videos of each other, either in person or via email or text message. Revenge porn gets its name from the situation where, after the relationship sours, one of the parties uses the photo, etc., either to embarrass the other party, or as a kind of ransom to obtain something the person wants. There are, of course, other examples of revenge porn. While the above illustration is probably one of the more common ones, revenge porn can take many forms.
Revenge porn in Arizona is defined as the disclosure of an image of a person whose identity can be ascertained either from the image itself or from information that may accompany the image, if:
The law requires that all these elements be proven beyond a reasonable doubt in order to obtain a conviction.
While the section of the statute described above may appear relatively simple, it is actually fairly complex, and can often be confusing. As an example, there are at least 5 specific exceptions to which the law does not apply. There are also at least 7 sections of the statute devoted to defining the various terms used in the law. As a result, while some cases may appear relatively simple to identify as revenge porn, many are not. This leads to the possibility of numerous defenses and arguments against the application of the law in specific circumstances.
It should also be noted that the definitions contained in the law broaden, to some degree, its application. Disclosure, for example, may be an advertisement, a display, publication, or distribution. The method of disclosure is not necessarily central to the offense. Likewise, an “image” is not limited to a photograph – it also includes videotapes, films, and digital recordings. Similar definitions that appear in the statute affect terms such as “harm,” “expectation of privacy,” “specific sexual activities,” and “state of nudity.” If the conduct and circumstances do not fit into those definitions, the charge of revenge porn should be dismissed.
The offense of revenge porn is one that is easy to allege and may hinge primarily on issues such as intent and consent. In other situations, it could boil down to a swearing contest between the defendant and the alleged victim. In either case, there are defenses available in revenge porn cases.
As noted above, the law contains a number of exceptions, that is, situations that might otherwise be considered revenge porn based on the language of the statute, but which are intended to fall outside the definition of the crime. You are not committing the offense of unlawful disclosure of nude or sexual images – revenge porn – in any of the following situations:
In addition to these exceptions, listed in the statute, there are numerous possible additional defenses that may apply to a charge of revenge porn. With the presence of issues such as consent, expectation of privacy, and others, there are often many different issues that can be raised in response to a revenge porn allegation.
A revenge porn charge requires the prosecutor to prove each element of the offense beyond a reasonable doubt. As far as the photo or other depiction is concerned, it must show the alleged victim in a state of nudity or engaged in certain specific sex acts. The alleged victim must also have a reasonable expectation of privacy regarding the image(s). Finally, the image must be disclosed (or there must be a threat to disclose it) with the specific intent to harm, harass, threaten, coerce, or intimidate the other person. While the term “harm” is broadly defined in the statute, that definition does not include every possible harmful effect that might be intended. Rather, it is limited to serious emotional injury, physical injury, or financial injury.
Under Arizona law, revenge porn, legally referred to as the unlawful disclosure of explicit images is a serious criminal offense with real consequences. Arizona Revised Statutes § 13‑1425 makes it a crime to intentionally share sexually explicit photos or videos of another person without that person’s consent when the intent is to harm, harass, intimidate, threaten, or coerce them.
Understanding the penalties attached to these charges is crucial for anyone who may be facing an accusation or simply wants to understand the legal landscape in Arizona.
The severity of penalties for revenge porn in Arizona depends on how the crime is charged. Competitor legal resources consistently highlight the following classifications under Arizona law:
Each tier carries its own range of penalties and long‑term repercussions.
When someone threatens to disclose intimate images but never follows through, Arizona law may classify the conduct as a Class 1 misdemeanor. While this is the least serious category under the statute, it still carries meaningful consequences:
Even at this level, the legal and personal costs can be significant, particularly when reputational harm is at stake.
Most convictions for unlawful disclosure of explicit images are charged as a Class 5 felony. This classification applies in situations where explicit content is shared without consent, but not necessarily through electronic means. A conviction at this level carries far more serious penalties, such as:
A Class 5 felony conviction can be life‑altering not just because of potential jail time, but also due to the long‑term social and legal ramifications.
When revenge porn is shared electronically, Arizona law escalates the offense to a Class 4 felony. Because digital platforms dramatically extend the reach and potential harm of non‑consensual exposure, penalties are accordingly more severe:
Charges at this level often draw heightened scrutiny by prosecutors and a more aggressive defense strategy from experienced attorneys.
While the concept of revenge porn may at first blush appear easy to understand, the statute in Arizona contains requirements that make proving the charge, in many cases, much more complicated than it might otherwise seem. The law also contains a network of definitions, which may confuse rather than explain the offense. The more complex the law, the more defenses may exist that can be utilized by a defendant to challenge the prosecution’s case.
With the possibility of incarceration, fines, and even registration as a sex offender, it pays to have a knowledgeable criminal defense lawyer at your side. If you have been charged with revenge porn, speak to an experienced sex crimes lawyer. Contact Feldman | Royle for a free consultation.
Facing revenge porn charges in Arizona can be an overwhelming and deeply personal challenge. These cases are sensitive, emotionally charged, and carry serious legal consequences. In moments like these, the attorney you choose can make the difference between long-lasting damage to your reputation and a defense that protects your rights and future.
At Feldman & Royle, we understand the stakes, and our revenge porn defense attorney approaches every case with precision, strategy, and compassion. Here’s why clients across Arizona trust us for their defense:
When dealing with revenge porn charges, knowing how the state builds its case is invaluable. Our revenge porn attorneys include former prosecutors who have seen the tactics, strategies, and evidence-gathering techniques used against defendants. This insider perspective allows us to anticipate the state’s moves, challenge weak evidence, and develop a defense that is both proactive and highly effective.
From the earliest conversations, our focus is on protecting your rights and minimizing consequences. We pursue every possible avenue to reduce charges or secure dismissals, but we never enter negotiations unprepared. Our team meticulously builds a strong case for trial, ensuring that the prosecution knows we are ready to defend you in court if necessary. This dual approach often creates leverage that can lead to favorable outcomes without the stress of a prolonged trial.
In Arizona, revenge porn cases often involve digital evidence, text messages, social media activity, and other sensitive materials. At Feldman & Royle, we leave no stone unturned. Our revenge porn defense lawyers carefully examine all evidence, uncover inconsistencies, and identify legal weaknesses in the state’s case. By understanding the full picture, we can craft defenses that protect both your legal standing and personal privacy.
Cases involving revenge porn are inherently sensitive. Our clients can expect complete confidentiality, personalized attention, and a defense strategy tailored specifically to their circumstances. We prioritize your privacy and treat every case with the respect and discretion it deserves, ensuring that your reputation and rights remain protected throughout the legal process.
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