Romantic break-ups can be difficult – especially when they’re initiated by one person. Sometimes even an amicable, mutual break-up will sour later if someone learns they were being cheated on or otherwise betrayed.
Unfortunately, it’s not that uncommon for someone to scroll through their phone, find intimate photos or videos of their ex and share them online so that friends, family, colleagues and strangers can see them. This type of activity was becoming so prevalent that states started making “revenge porn” or “non-consensual pornography” a criminal offense.
Is revenge porn a misdemeanor or felony in Georgia?
It depends on where it’s posted. Under Georgia law, revenge porn is typically a misdemeanor if the explicit photos or videos are posted on social media sites without permission of the subject and with the intention of harassing or otherwise harming them. The potential penalties increase with each conviction.
If they’re posted on an “adult” website, file-sharing site or message board, however, it’s a felony. A conviction can carry a five-year jail sentence and a fine of $100,000. That’s the same sentence someone convicted of two misdemeanor revenge porn offenses can receive.
We’re assuming here that the victim is a legal adult. If the subject is a minor, the legal consequences can multiply.
Is revenge porn a federal crime?
So far, Congress has not been able to make revenge porn a federal offense. However, it was able to add language when it reauthorized the Violence Against Women Act (VAWA) to allow federal civil lawsuits against those alleged to have distributed it.
What if someone else posted the images?
What if you sent a photo to a friend or sibling and they posted it? What if your phone was stolen or hacked? That likely wouldn’t be a case of you intending to harm someone, and intent to harass or harm, as noted, is part of a revenge porn charge. However, this is a good reason to delete such images from your phone and other devices after a break-up. (Fans of Ted Lasso will recall that this was a plot point in a recent episode.)
If you can show that you weren’t the one who posted the images, that could be an effective defense. If you’re facing a charge of revenge porn, it’s critical that you seek legal guidance as soon as possible to work to protect your rights and present your defense.