Georgia Revenge Porn Law: Understanding OCGA § 16-11-90 And Your Rights

Revenge porn — also known as nonconsensual pornography or intimate image abuse — is a devastating invasion of privacy that can cause lasting emotional harm, financial damage, and reputational destruction. In Georgia, lawmakers took strong action to protect victims by enacting OCGA § 16-11-90, which makes it a serious crime to electronically transmit or post nude or sexually explicit images or videos without the depicted person’s consent when the act is intended to harass, causes financial loss, and serves no legitimate purpose for the victim.

If you are a victim of revenge porn or have been accused of violating this statute, understanding the law is the first step. As an Atlanta criminal defense attorney with decades of experience handling serious felony and misdemeanor cases across Georgia, I help both victims seeking justice and individuals facing criminal charges under this statute.

What Does Georgia’s Revenge Porn Statute Prohibit?

Under OCGA § 16-11-90(b), a person commits a crime if he or she knowingly (and without the depicted person’s consent):

• Electronically transmits or posts, or causes the transmission or posting of,
• A photograph, video, or falsely created (deepfake) image or video that depicts nudity or sexually explicit conduct of an adult,

AND the transmission or post:

• Is harassment (conduct intended to cause substantial emotional harm), or
• Causes financial loss to the depicted person,
• Serves no legitimate purpose to the depicted person, and
• Is sent via any electronic means — including social media, text, email, websites, peer-to-peer file-sharing sites, message boards, or dedicated adult-content platforms.

The law explicitly covers deepfakes and AI-generated images, recognizing modern technology’s ability to create realistic fake explicit content.

Key Definitions In The Law

• Nudity: Showing genitals, pubic area, buttocks, or female breasts (with less than full opaque covering), or covered male genitals in a discernibly turgid state.
• Sexually explicit conduct: Has the same meaning as in OCGA § 16-12-100 (which includes actual or simulated sexual acts).
• Harassment: Conduct directed at the depicted person that is intended to cause substantial emotional harm.

Penalties: Misdemeanor Or Felony?

Penalties depend on where the image is posted and whether it is a repeat offense:

• Posting via general electronic means (not to a dedicated adult site) → First offense: misdemeanor of a high and aggravated nature.
  Repeat offenses: Felony — 1 to 5 years in prison, fine up to $100,000, or both.

• Posting to websites, file-sharing sites, thumbnail galleries, or platforms that promote sexually explicit content → Felony on the first offense — 1 to 5 years in prison, fine up to $100,000, or both.
  Second or subsequent convictions: 2 to 5 years in prison, fine up to $100,000, or both.

Each violation is a separate offense and does not merge with other crimes.

Wide Jurisdiction — It Can Reach You Even If You’re Out Of State

Georgia can prosecute you if:

• The victim lives in Georgia (even if you are outside the state), or
• You are in Georgia and the victim lives anywhere.

This broad reach means out-of-state posters can still face Georgia felony charges.

Important Exceptions — What Is Not Covered

The law does not apply to:

• Law enforcement and prosecution activities
• Legitimate medical, scientific, or educational purposes
• Someone posting images or videos of themselves only
• Commercially produced material originally made for commercial purposes
• Images of someone voluntarily nude or engaged in sexual conduct in a public setting
• Transmissions made pursuant to or in anticipation of a civil lawsuit

There is also a rebuttable presumption that internet service providers and platforms do not “know” the content of material uploaded by users (consistent with federal Section 230 protections).

How Victims Can Protect Themselves

If someone has posted or threatened to post your intimate images without consent:

1. Do not delete the evidence — take screenshots, save links, and document everything.
2. Report it immediately to local law enforcement and request they investigate under OCGA § 16-11-90.
3. Contact the website/platform and demand removal (many have policies against nonconsensual content).
4. Seek a protective order or pursue civil remedies where available.
5. Consult an experienced attorney — I can help you navigate the criminal justice system and ensure prosecutors take your case seriously.

If You Have Been Accused Of Revenge Porn

A charge under OCGA § 16-11-90 is extremely serious. Prosecutors treat these cases aggressively because of the public attention they receive. An experienced criminal defense lawyer can evaluate the facts, challenge whether the elements (lack of consent + harassment/financial loss + no legitimate purpose) were truly met, and explore defenses such as mistaken identity, voluntary public posting, or legitimate purpose.

Early intervention is critical. I have successfully defended clients facing felony charges throughout metro Atlanta and the state of Georgia.

Contact Georgia Criminal Defense Attorney George Creal Today

Revenge porn cases move fast — digital evidence can disappear, and every day counts. Whether you are a victim seeking justice or someone facing criminal charges, I offer aggressive, compassionate representation tailored to your situation.

Call my office today at (770) 961-5511 for a confidential consultation.
Visit www.georgialawyer.com to learn more about my practice and how I fight for clients in Fulton, DeKalb, Clayton, Gwinnett, and across Georgia.

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. Results depend on the specific facts and applicable law.

George Creal, Attorney at Law
Serving Atlanta and all of Georgia
(770) 961-5511 | www.georgialawyer.com