Staff Analysis of the Legislation
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SB 78 amends Part 3 of Article 3 of Chapter 11 of Title 16 of the OCGA to create a felony crime for posting a sexually explicit photograph or video to a website, file sharing site, or message board that depicts sexually explicit conduct resulting in harassment or financial loss, and serves no legitimate purpose to the depicted person. Proliferating this content through electronic means is punishable by a high and aggravated misdemeanor offense. The felony crime is punishable for a first offense by imprisonment of between one to five years, a fine of $100,000, or both. A second or subsequent conviction of the felony crime is punishable by imprisonment of between two to five years, a fine of $100,000, or both.
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