Yes. Rape videos are illegal at every stage. Recording a non-consensual sexual act, sharing the footage, threatening to share it, and knowingly keeping a copy are each separate crimes under federal and state law, and each one carries its own prison exposure on top of the underlying sexual assault. Penalties range from a year in jail for some possession offenses to decades in federal prison when minors are involved, and convictions frequently trigger sex offender registration and civil liability to the victim.
Filming a Sexual Assault
The person holding the camera is not a bystander in the eyes of the law. They can be charged as an accomplice or co-conspirator to the sexual assault itself, even without physical contact with the victim. The act of filming then generates its own charges on top of that.
Federal law under 18 U.S.C. § 1801 makes it a crime to capture images of someone’s private areas without consent where the person has a reasonable expectation of privacy, punishable by up to one year in federal prison. That statute applies only within special federal jurisdictions such as military bases and federal buildings.1Office of the Law Revision Counsel. 18 U.S. Code 1801 – Video Voyeurism Every state fills in the rest, criminalizing the unauthorized recording of intimate acts under labels like voyeurism, unlawful surveillance, or criminal invasion of privacy.2Arizona Legislature. Arizona Code 13-3019p>
The recording also tends to increase the sentence for the assault itself. Judges treat a video as an aggravating factor because the harm doesn’t end when the assault does. Every copy is a continuation of the violation, and courts weigh that at sentencing.
Sharing or Threatening to Share the Video
All 50 states and the District of Columbia prohibit the distribution of non-consensual intimate images.3Ballotpedia. Nonconsensual Pornography (Revenge Porn) Laws in the United States First offenses are commonly misdemeanors with up to a year in jail and fines, rising to felonies with multi-year sentences for repeat offenders or anyone sharing the material for profit.
Federal law now covers the same ground. The TAKE IT DOWN Act, signed on May 19, 2025, created the first comprehensive federal criminal prohibition on sharing non-consensual intimate images of adults, and it reaches both authentic recordings and digitally altered or AI-generated depictions of real people. Merely threatening to share such images is also a crime under the statute, which was written with sextortion in mind.4Congress.gov. The TAKE IT DOWN Act: A Federal Law Prohibiting Nonconsensual Intimate Imagery
Distributing or threatening to distribute intimate images of adults carries up to two years in federal prison under the Act, and up to three years when the images depict minors.4Congress.gov. The TAKE IT DOWN Act: A Federal Law Prohibiting Nonconsensual Intimate Imagery These penalties stack on top of state charges and any federal charges for the underlying assault.
When someone uses a recording as leverage to extort money or further sexual acts, the exposure grows. The FBI prosecutes sextortion aggressively, with sentences reaching decades when minors are involved.5FBI. Sextortion Even with an adult victim, threats to release intimate images can trigger federal cyberstalking charges carrying up to five years, on top of the TAKE IT DOWN Act penalties.
Keeping or Viewing a Copy
Holding a copy is also a crime, though the rules turn on what the person knew. Prosecutors generally must show the person was aware the material depicted a non-consensual act and chose to keep it anyway. For material involving adults, some states classify knowing possession as a misdemeanor and others as a low-level felony. The rationale is the same one that governs distribution: every copy that exists extends the victim’s violation.
For material involving minors, federal law is absolute. Under 18 U.S.C. § 2252, knowingly possessing or accessing child sexual abuse material with intent to view it is a federal felony. The statute reaches “knowingly possesses, or knowingly accesses with intent to view,” so prosecutors do not need to prove a download if they can show intentional viewing.6Office of the Law Revision Counsel. 18 U.S. Code 2252 – Certain Activities Relating to Material Involving the Sexual Exploitation of Minors
A narrow affirmative defense exists. Someone who possessed fewer than three items and promptly took reasonable steps to destroy them, or who reported the material to law enforcement without keeping copies, can raise that defense at trial. It applies to possession only, not to distribution or production.6Office of the Law Revision Counsel. 18 U.S. Code 2252 – Certain Activities Relating to Material Involving the Sexual Exploitation of Minors
When the Victim Is a Minor
Any sexual content depicting a person under 18 is child sexual abuse material (CSAM), and the penalties are far harsher than for adult content. Federal law under 18 U.S.C. Chapter 110 governs production, distribution, and possession, and no state law can soften those penalties.7Office of the Law Revision Counsel. 18 U.S. Code Chapter 110 – Sexual Exploitation and Other Abuse of Children
- Production, distribution, or receipt: a first offense carries a mandatory minimum of 5 years and a maximum of 20 years in federal prison. A prior conviction related to sexual abuse or child exploitation raises the range to 15 to 40 years.7Office of the Law Revision Counsel. 18 U.S. Code Chapter 110 – Sexual Exploitation and Other Abuse of Children
- Possession: up to 10 years in federal prison for a first offense. If the material depicts a child under 12, the maximum doubles to 20 years. A prior related conviction raises the floor to a mandatory minimum of 10 years.7Office of the Law Revision Counsel. 18 U.S. Code Chapter 110 – Sexual Exploitation and Other Abuse of Children
There is no consent exception for minors. Even apparent willingness by the minor does not change the analysis. The law treats every image as evidence of abuse, and the mandatory minimums leave judges little room to reduce sentences.
Sex Offender Registration
Convictions in this area frequently trigger sex offender registration. The federal Sex Offender Registration and Notification Act (SORNA) defines a “sex offense” broadly enough to include criminal conduct involving a sexual act or sexual contact, and video voyeurism against a minor is explicitly listed as a qualifying offense.8SMART Office. Current Law – SORNA SORNA uses three tiers that set registration length: 15 years, 25 years, or life. Federal CSAM distribution offenses under 18 U.S.C. § 2252 fall into Tier II. Many states go beyond SORNA’s minimums and require registration for voyeurism convictions with adult victims as well. The obligation follows a person across state lines and is one of the longest-lasting consequences of a conviction.
Civil Lawsuits by the Victim
Criminal charges are not the only exposure. The Violence Against Women Act Reauthorization of 2022 created a federal civil cause of action under 15 U.S.C. § 6851 for the non-consensual disclosure of intimate images. A victim can recover actual damages or liquidated damages of $150,000, plus attorney’s fees and litigation costs, and can ask a court to enjoin further sharing.9Customs Mobile. 15 USC 6851 – Civil Action Relating to Disclosure of Intimate Images The liquidated damages figure matters because emotional and reputational harm can be difficult to price. State tort claims, such as intentional infliction of emotional distress or invasion of privacy, remain available alongside the federal remedy.
Reporting the Video and Getting It Taken Down
Anyone in immediate danger should call 911. For content involving a minor, reports go to the National Center for Missing and Exploited Children (NCMEC) through the CyberTipline at report.cybertip.org, or by phone at 1-800-THE-LOST (1-800-843-5678). Reports can be anonymous.10CyberTip Report. Frequently Asked Questions NCMEC also runs the Take It Down service at takeitdown.ncmec.org, which lets a victim have participating platforms detect and remove matching images without uploading the image itself.11National Center for Missing & Exploited Children. Take It Down
Adult victims can reach the Cyber Civil Rights Initiative’s Image Abuse Helpline at 1-844-878-CCRI (2274) for help documenting abuse, requesting platform removal, and connecting with law enforcement, and can also file a report with the FTC at ReportFraud.ftc.gov.12Federal Trade Commission. Nonconsensual Distribution of Intimate Images: What To Know
Under the TAKE IT DOWN Act, an online platform that receives a valid removal request must take the content down within 48 hours, along with any copies it can reasonably identify. That obligation covers both adult and minor depictions, and the FTC enforces it. A victim pursuing the federal civil remedy under 15 U.S.C. § 6851 can also ask a federal court for an injunction ordering removal.