Prohibition on Nude or Sexually Explicit Electronic Transmissions

Have you Been Charged with Prohibition on Nude or Sexually Explicit Electronic Transmissions in Georgia?

It is critical to be aware what you can and cannot send electronically. It is a crime to send nude or sexually explicit transmissions electronically without the consent of the depicted person. If you or a loved one have been charged with this crime, you need representation immediately! Lawson and Berry and their team of Georgia Privacy Crime Attorneys have over 50 combined years experience in criminal law. They are ready and willing to assist you with your case. Contact us today for a free case evaluation. Your future is at stake so don't take any chances.

Georgia Law §16-11-90 reads as follows:

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:

  • 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 when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person; or
  • 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 when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person. 

This statute does not apply to a person who transmits or posts a photograph that only shows himself engaged in nudity or sexually explicit conduct. While that is still illegal, that is not covered under this statute. Furthermore, it does not apply to a person who transmits or posts a photograph or video showing a person who willingly engaged in nudity of sexually explicit conduct in a public setting.

Penalty for a Conviction for Prohibition on Nude or Sexually Explicit Electronic Transmissions in Georgia

A person who violates this statute will be guilty of a misdemeanor of a high and aggravated nature. The penalty for a misdemeanor conviction can be a prison term for up to one year or a fine of up to $1,000.00, or both. 

A second or subsequent violation of this statute will result in the accused being convicted of a felony. The punishment will increase to a prison term between one and five years and a fine of no more than $100,000.00, or both.

Prohibition on Nude or Sexually Explicit Electronic Transmissions Defenses in Georgia 

Consent from Depicted Person: Proof of consent from the person being shown in the transmission will be a complete defense to this crime. Your Georgia Lawyer can help you present the evidence and get your charges dropped. 

It was in a public setting: If the action took place in a public setting, then an electronic transmission of that conduct is not criminalized under this statute.

Lack of Nudity or Sexually Explicit Conduct: If the behavior demonstrated was not of the kind covered by the statute, then you cannot be guilty of this crime.

Unintentional Transmission: The statute requires that the transmission is done knowingly and without the consent of the depicted person. Evidence that you did not mean to send the transmission or did not knowingly send one would be greatly beneficial to your case.

What are not Defenses:

The conduct was not sexually explicit in my opinion: Whether or not the conduct was sexually explicit is not up to each person's discretion. O.C.G.A. §16-12-100 specifically outlines what is considered sexually explicit, and therefore it is not left up to interpretation.

Contact Us

A misdemeanor or felony conviction is not something to be taken lightly. Getting the best representation from the very beginning is crucial. Our Invasion of Privacy Crime Attorneys in Georgia have over 50 years of criminal experience. Let their experience work for you today! They will work directly with you to build the best defense. Contact us today for a free case evaluation.

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The time is now to start preparing your defense! Many times people lose the opportunity to put on their best defense because they wait. The importance of hiring a lawyer from the very beginning cannot be overstated! Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. All of these have a direct effect on the successful on your case. The time to begin your case and start prepping your defense is now! Contact us today to put on your best Georgia criminal defense!

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