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Ohio’s statutes providing civil and criminal remedies against nonconsensual dissemination of private sexual images

With the proliferation of electronic devices came “sexting.” Sexting is the “creation, possession, or distribution of sexually explicit images via cellphones.” Sexting, Black’s Law Dictionary (10th ed. 2014).

And sexting has presented opportunities for people to misuse and distribute images beyond their intended audiences. Jessica Logan, an Ohio high-school student whose boyfriend used her nude photo for revenge purposes, ended up committing suicide.

To account for revenge sexting, Ohio’s statute makes it illegal to knowingly distribute a private, sexually explicit image of a person without that person’s consent. R.C. 2917.211(B).

To trigger the statute,

• (1) a person must disseminate a sexual image with intent to harm another person, and without the other person’s consent; and
  
  
• (2) the person in the image must be identified, over the age of eighteen, and in a state of nudity. Id.

The statute creates exceptions for the dissemination of images for purposes of criminal investigations, reporting of unlawful conduct, artistic expression, etc. R.C. 2917.211(C).

And the statute exempts certain entities from liability, including mobile, video, internet, and cable providers. R.C. 2917.211(D). Plainly put, the statute prohibits revenge porn.

A violation not only warrants criminal prosecution, but also it affords the victim a channel to bring a civil action. On the criminal side, a first-time offender commits a third-degree misdemeanor; a second-time offender commits a second-degree misdemeanor; and a third or subsequent offense commits a first-degree misdemeanor. R.C. 2917.211(F)(1).

On the civil side, a sexting victim may bring a civil action against the offender to recover damages, under R.C. 2307.66. That can include damages for both economic and emotional harm.

A prevailing plaintiff under R.C. 2307.66 can recover attorney fees and litigation costs. The statute also permits the granting of (1) an injunction or restraining order and (2) compensatory and punitive damages. An offender who violates R.C. 2307.66 creates a presumption that the victim suffered harm. Id.

The statute interacts with other sections of the Ohio Revised Code––specifically, those sections that concern forfeiture of property and protection in higher education.

First, R.C. 2981.02(B) provides that a court may order the forfeiture of property, described in R.C. 2917.211(F)(2), for a violation. Such forfeited property includes profit, proceeds, interest, securities, property or contractual rights procured or maintained in violation of the statute. R.C. 2917.211(F)(2).

Second, R.C. 3345.49 protects sexting victims against either punishment or preclusion of financial assistance in institutions of higher education. In other words, these institutions can neither punish sexting victims solely for being victims; nor can they prohibit the victims from receiving financial assistance, including grants, scholarships, and fellowships. R.C. 3345.49(A).

Contact The Chandra Law Firm LLC for help

At The Chandra Law Firm LLC, we’re experienced in helping crime victims obtain civil justice for the criminal acts perpetrated against them. Before contacting us, it’s important to consider how you would finance such litigation—either hourly or on a contingency basis. If you’re expecting contingency representation, it’s absolutely essential that you consider how financially “collectable” the potential defendant or defendants are. Otherwise, civil litigation may not really be worth pursuing.

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