Revenge pornography—also known as revenge porn or nonconsensual pornography—is a criminal offense in most states and is committed when a person publishes private nude, pornographic, or explicit photos, videos, or images of another person’s body or sexual activity without that person’s consent.
The publication of revenge porn may occur in many forms, including (1) an in-person showing of printed or electronic photographs or video to another person or persons; (2) sending images or videos by electronic message such as text, chat, or e-mail; (3) publishing images or videos on social media; or (4) publishing images or videos on a website.
Revenge pornography laws are generally located in a state’s statutes—often in the penal or criminal code. These statutes are sometimes titled with descriptive names such as The Unlawful Disclosure or Promotion of Intimate Visual Material. Revenge pornography offenses may be prosecuted as misdemeanors or as felony offenses—depending on the state's laws—and often include potential jail or prison time.
The publication of revenge pornography may also create civil liability for money damages in a lawsuit under state law, and some states have enacted specific laws providing for such civil liability, in addition to any criminal prosecution.
In Georgia, revenge pornography is addressed under the state's penal code, specifically in O.C.G.A. § 16-11-90, which defines and criminalizes the act of distributing private sexual images without consent. This law makes it illegal to knowingly distribute an image of an adult depicting nudity or sexual conduct if the depicted person has not consented to the distribution and if the image was obtained under circumstances in which the depicted person had a reasonable expectation of privacy. The offense is classified as a misdemeanor of a high and aggravated nature for a first offense, and as a felony for second and subsequent offenses. Penalties can include fines and imprisonment. Additionally, Georgia law allows victims of revenge pornography to file a civil lawsuit against the perpetrator for damages. This means that individuals who engage in revenge pornography in Georgia may face both criminal prosecution and civil liability.