Lawmakers across the country have been cracking down in recent years on “revenge porn” or “non-consensual pornography” as more people have gone public with their stories about the effect on their lives and mental health of having explicit photos and videos that they thought were private shared on social media and even on porn sites.
People often associate revenge porn with people sharing these images to get back at former boyfriends and girlfriends – thus, the term “revenge porn.” However, they can also be shared by third parties trying to embarrass or harm someone. The threat of posting such images can also be used to threaten or bribe others.
In recent years, Georgia has strengthened the law. A first offense, if the images are posted some places online (for example, on someone’s social media page) is a high and aggravated misdemeanor if the “nude or sexually explicit” image (whether real or “falsely created”) is considered harassment or causes someone financial loss while serving no purpose for the person depicted.
When does it become a felony?
However, second and subsequent offenses are considered felonies. A person convicted can be sentenced to up to five years behind bars and/or a fine of up to $100,000.
The offense is also a felony, regardless of whether it’s a first offense or not, if the images are posted to any type of adult site specializing in such images. Specifically, the law defines these as a “website, peer-to-peer file-sharing site, thumbnail gallery, movie gallery post, linked list, live webcam, web page, or message board that advertises or promotes its service as showing, previewing, or distributing sexually explicit conduct,” that’s charged as a felony. The penalties are the same as those noted above.
It can be all too easy to make poor decisions in a moment of anger. However, decisions involving sharing explicit images of someone without their permission can have long-lasting consequences. It’s also too easy to have someone go into your phone or computer and send images that look like they’re coming from you when they’re not. Whatever your situation, if you’re facing revenge porn charges, it’s critical to get experienced legal guidance to protect your rights.