It is a misdemeanor to create or possess a sexually expressive image without written consent of the individual. It is a misdemeanor to send sexually expressive images with the intent to harm the individual in the image who has a reasonable expectation of privacy; or after being told by the individual, parent or guardian does not consent to distribute the image.
Revenge porn: 12.1-17-07.2. (signed by Governor 4/8/2015) Distribution of intimate images without or against consent
A person commits the offense of distribution of intimate images if the person knowingly or intentionally distributes to any third party any intimate image of an individual eighteen years of age or older, if:
a. The person knows that the depicted individual has not given consent to the person to distribute the intimate image;
b. The intimate image was created by or provided to the person under circumstances in which the individual has a reasonable expectation of privacy; and
c. Actual emotional distress or harm is caused to the individual as a result of the distribution under this section.