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An Act to amend Part 3 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasion of privacy, so as to revise the prohibition on electronically transmitting or posting nude or sexually explicit photographs or videos for purposes of harassing the depicted person; to provide for an increased penalty for the electronic transmission or posting to a web page that is accessible to the general public; to provide for related matters; to repeal conflicting laws; and for other purposes.
In one paragraph
Georgia's SB 78 toughens the law against sharing nude or sexually explicit images of an adult without consent, including falsely created videos or still images such as deepfakes. Under the revised O.C.G.A. 16-11-90, posting such an image to harass the person or cause them financial loss is a felony (1 to 5 years, up to $100,000) when it is sent to a website that advertises or promotes sexually explicit content. Sharing by other electronic means stays a high and aggravated misdemeanor for a first offense and becomes a felony for repeat offenses. The law keeps the exemption for platforms hosting content posted by others.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Adult websites and anyone posting fake or real intimate images of Georgians to harass them face felony exposure; hosting platforms keep their exemption for user content.
Key provisions
- O.C.G.A. 16-11-90(b): the offense covers nude or sexually explicit images of an adult 'including a falsely created videographic or still image', shared knowingly and without consent to harass or cause financial loss
- Posting to a website that advertises or promotes sexually explicit content: felony, 1 to 5 years and/or up to $100,000; repeat conviction 2 to 5 years
- Other electronic transmission: first offense a misdemeanor of a high and aggravated nature; second or later offense a felony, 1 to 5 years and/or up to $100,000
- Interactive computer services and information or telecommunications providers are not liable for content provided by another person
Latest legislative action
May 4, 2021. Signed by Governor
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This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error