Revenge Porn Laws in North Dakota: What Victims Need to Know in 2026

What North Dakota Law Says

North Dakota addresses revenge porn under North Dakota Century Code Section 12.1-17-07.2, titled "Distribution of intimate images without or against consent." The offense is classified as a Class A misdemeanor.

A Class A misdemeanor in North Dakota carries penalties of up to 360 days in jail and fines up to $3,000. The law was enacted to address the distribution of nonconsensual intimate images and provides criminal consequences for offenders who share private sexual content without permission.

Review the statute at the North Dakota Legislature website.

What Counts as Revenge Porn in North Dakota

North Dakota's statute defines the offense through these elements. The content must be an intimate image depicting exposed genitals, pubic area or female breast, or the person engaged in sexually explicit conduct. The image was created by or provided to the offender in circumstances where the depicted person had a reasonable expectation of privacy. The offender knowingly or intentionally distributed the image to a third party. The offender knew the depicted person had not consented to the distribution. The distribution caused the person actual emotional distress or harm.

The statute's definition of an intimate image includes computer-generated images. The law covers all distribution methods, including social media platforms like Reddit and Instagram, websites, messaging applications, and email.

How to Report

North Dakota victims should take these steps:

  1. Document all evidence — Screenshot images, save URLs, record account information, and preserve all communications.
  2. File a police report — Contact your local police department, county sheriff, or the North Dakota Bureau of Criminal Investigation. Reference NDCC 12.1-17-07.2.
  3. Contact the state's attorney — Each county has a state's attorney who handles criminal prosecutions.
  4. Report to the FBI — File with the FBI IC3 for internet-based distribution.
  5. Seek a protection order — North Dakota courts can issue protection orders that address ongoing harassment and distribution.

Limitations of Criminal Law

North Dakota's sparse population and vast geography mean that law enforcement resources for digital crimes are limited, particularly in rural areas. The misdemeanor classification may result in lower prosecution priority. The criminal process is slow relative to the speed at which images spread online.

A conviction does not trigger automatic content removal. A case against the defendant does not bind third-party platforms. Anonymous offenders and cross-jurisdictional cases present significant investigation challenges.

Removing the Content

Content removal must proceed independently of criminal proceedings.

The TAKE IT DOWN Act requires covered platforms to remove qualifying intimate imagery and make reasonable efforts to remove known identical copies within 48 hours of a valid request. The platform and request must meet the law's requirements. See FTC guidance; this is not a universal service turnaround guarantee.

StopNCII.org provides a hashing tool that participating platforms use to block matching images. It works only on participating platforms.

IntimaShield offers professional NCII removal services covering multi-platform takedowns, search engine de-indexing, and follow-up while the content stays up. Optional Shield monitoring is a separate subscription.

See also: Minnesota's revenge porn law for a neighboring state comparison.

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