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 O.C.G.A. § 16-11-90, which defines and criminalizes the distribution of 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, which can include penalties such as fines and jail time. Subsequent offenses can be charged as felonies, potentially leading to more severe penalties including longer prison sentences. In addition to criminal penalties, victims of revenge pornography in Georgia may also have the right to pursue civil remedies, seeking monetary damages for the harm they have suffered due to the unauthorized distribution of their private images.