After a break-up, emotions run high. You may feel like a jilted lover and want to get back at the person who broke your heart. In the cyber age, intimate and compromising photos and videos can find their way to Facebook, Twitter, Instagram & Snapchat.
What is Revenge Porn?
Georgia’s so-called Revenge Porn Law has been on the books since 2014. The law makes it illegal to upload or transmit lewd photos or videos of an adult to the Internet as a form of harassment.
A Gwinnett County man was among the first to be convicted under the new law. Kenneth Allen Payne posted private content in order to blackmail an ex. He negotiated a plea deal and was sentenced to 12 months probation, $1000 in fines, had to complete community service and counseling and have no contact with the victim.
Criminalization of Revenge Porn
The state of Georgia requires malicious intent in revenge porn cases. This means the defendant must have intended to harass or harm the victim. Additionally, the defendant must be or have been in a relationship with the victim.
Punishment for Revenge Porn
Georgia classifies revenge porn as an aggravated misdemeanor, but, subsequent charges can result in a felony, punishable by one to five years in prison and up to a $100,000 fine.
If the revenge porn is of a minor, and the defendant is convicted of distributing child pornography, which is a felony, he or she may be required to register as a sex offender.
In a civil suit, where the victim sues the defendant, the victim can seek a restraining or a take-down order, as well as monetary damages. The victim can ask for damages based on intentional affliction of emotional distress, as well as pain and suffering, especially if the victim has any measurable losses, such as the loss of his or her job.
The take-down order would be to remove the offending material from the Internet and the restraining order would prohibit the defendant from posting the images or video again. Due to the nature of the Internet, enforcing a take-down order might be difficult because anonymous third-parties can always save the image or videos and post them on another website. For this reason, speed is of the essence when dealing with revenge porn.
Revenge porn is a serious allegation or offense.
At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Our criminal defense attorneys, Patrick McDonough and Trinity Hundredmark, have combined experience of more than 30 years representing clients facing criminal charges in Georgia. For more information, or to request a case evaluation, contact our law office at 1-770-822-0900.