Georgia Revenge Porn Laws

Invasion of Privacy. Misdemeanor

Title: GA HB 838

Status: passed 3/10/14 sponsored by Rep Kevin Tanner

A person violates this code if he or she, knowing the content of a transmission or post, knowingly without the consent of the depicted person:

  • Electronically transmits or posts a photograph or video in which depicts nudity or sexually explicit conduct of an adult when the transmission or post is harassment or causes financial loss to the depicted person and serve no purpose.
  • Causes the electronic transmission or posting of previously stated photos or videos.

Repercussions:  

Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both.

Does not apply to:

  • The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses
  • Legitimate medical, scientific, or educational activities
  • Any person who transmits or posts a photograph or video depicting only himself or herself engaged in nudity or sexually explicit conduct;
  • The transmission or posting of a photograph or video that was originally made for commercial purposes
  • Any person who transmits or posts a photograph or video depicting a person voluntarily engaged in nudity or sexually explicit conduct in a public setting; or
  • The transmission is made pursuant to or in anticipation of a civil action.

http://www.legis.ga.gov/Legislation/20132014/143392.pdf