2025 Georgia Codes – Page 148

(a) As used in this Code section, the term:
(1) “Harassment” means engaging in conduct directed at a depicted person that is intended to cause substan-
tial emotional harm to the depicted person.
(2) “Nudity” means:
(A) The showing of the human male or female genitals, pubic area, or buttocks without any covering or
with less than a full opaque covering;
(B) The showing of the female breasts without any covering or with less than a full opaque covering; or
(C) The depiction of covered male genitals in a discernibly turgid state.
(3) “Sexually explicit conduct” shall have the same meaning as set forth in Code Section 16-12-100.
(b) A person violates this Code section if he or she, knowing the content of a transmission or post, knowingly
and without the consent of the depicted person:
(1) Electronically transmits or posts, in one or more transmissions or posts, a photograph or video which
depicts nudity or sexually explicit conduct of an adult, including a falsely created videographic or still
image, when the transmission or post is harassment or causes financial loss to the depicted person, serves
no legitimate purpose to the depicted person, and is transmitted or posted:
(A) To a website, peer-to-peer file-sharing site, thumbnail gallery, movie gallery post, linked list, live web-
cam, web page, or message board that advertises or promotes its service as showing, previewing, or dis-
tributing sexually explicit conduct; or
(B) Via any other electronic means that does not fall within subparagraph (A) of this paragraph; or
(2) Causes the electronic transmission or posting, in one or more transmissions or posts, of a photograph or
video which depicts nudity or sexually explicit conduct of an adult, including a falsely created videographic
or still image, when the transmission or post is harassment or causes financial loss to the depicted person,
serves no legitimate purpose to the depicted person, and is transmitted or posted:
(A) To a website, peer-to-peer file-sharing site, thumbnail gallery, movie gallery post, linked list, live web-
cam, web page, or message board that advertises or promotes its service as showing, previewing, or dis-
tributing sexually explicit conduct; or
(B) Via any other electronic means that does not fall within subparagraph (A) of this paragraph.
Nothing in this Code section shall be construed to impose liability on an interactive computer service, as
such term is defined in 47 U.S.C. Section 230(f)(2), or an information service or telecommunications ser-
vice, as such terms are defined in 47 U.S.C. Section 153, for content provided by another person.
(c)(1) Any person who violates subparagraph (b)(1)(B) or (b)(2)(B) of this Code section shall be guilty of a
misdemeanor of a high and aggravated nature; provided, however, that upon a second or subsequent viola-
tion of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be pun-
ished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00,
or both.
(2) Any person who violates subparagraph (b)(1)(A) or (b)(2)(A) of this Code section shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than
five years, a fine of not more than $100,000.00, or both. Upon the second and all subsequent convictions
for violations of subparagraph (b)(1)(A) or (b)(2)(A) of this Code section, such person shall be guilty of a
felony and shall be punished by imprisonment of not less than two nor more than five years, a fine of not
more than $100,000.00, or both.
(d) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct
made unlawful by this Code section which the person engages in while:
(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code sec-
tion which involves an individual who resides in this state; or
(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves
an individual who resides within or outside this state.
(e) The provisions of subsection (b) of this Code section shall not apply to:
(1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of crimi-
nal offenses;
(2) Legitimate medical, scientific, or educational activities;
(3) Any person who transmits or posts a photograph or video depicting only himself or herself engaged in
nudity or sexually explicit conduct;
(4) The transmission or posting of a photograph or video that was originally made for commercial purposes;
(5) Any person who transmits or posts a photograph or video depicting a person voluntarily engaged in
nudity or sexually explicit conduct in a public setting; or
(6) A transmission that is made pursuant to or in anticipation of a civil action.
(f) There shall be a rebuttable presumption that an information service, system, or access software provider
that provides or enables computer access by multiple users to a computer server, including specifically a
service or system that provides access to the Internet, for content provided by another person, does not know
the content of an electronic transmission or post.
(g) Any violation of this Code section shall constitute a separate offense and shall not merge with any other
crimes set forth in this title.

(a) As used in this Code section, the term:
(1) “Device” means an instrument or apparatus used for observing, photographing, videotaping, recording,
or transmitting visual images, including but not limited to a camera, photographic equipment, video equip-
ment, mobile phone, or other similar equipment.
(2) “Intimate parts” shall have the same meaning as set forth in Code Section 16-6-22.1.
(b)(1) Notwithstanding Code Section 16-11-90, it shall be unlawful for any person to, knowingly and without
the consent of the individual observed, use or install a device for the purpose of surreptitiously observing,
photographing, videotaping, filming, or video recording such individual underneath or through such indi-
vidual’s clothing, for the purpose of viewing the intimate parts of the body of or the undergarments worn
by such individual, under circumstances in which such individual has a reasonable expectation of privacy,
regardless of whether it occurs in a public place.
(2) It shall be unlawful to disseminate any image or recording with knowledge that it was taken or obtained
in violation of paragraph (1) of this subsection.
(c) Any person convicted of violating this Code section shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment of not less than one year nor more than five years, a fine of not
more than $10,000.00, or both, or in the discretion of the court, as for a misdemeanor.
(d) Subsection (b) of this Code section shall not apply to:
(1) The lawful activities of law enforcement and prosecution agencies; or
(2) A business’s or entity’s surveillance device used in the ordinary course of its business, provided that
signage conspicuously warns of such surveillance and the use of such device is primarily designed to detect
unlawful activity.
(e) Any violation of this Code section shall constitute a separate offense and shall not merge with any other
crimes set forth in this title.