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While many states have enacted criminal penalties, it can prove difficult or impossible to sue the person who distributed the revenge porn for money damages under state law. For example, in Georgia the General Assembly enacted O.C.G.A § 16-11-90 in 2014, which made the distribution of revenge porn a misdemeanor in some situations. O.C.G.A § 16-11-90 was amended in 2022 to make some forms of revenge porn a felony. However, there is no private right action in Georgia for violation of O.C.G.A § 16-11-90. Somerville v. White, 337 Ga.App. 414 (2016). This means that victims of revenge porn are unable to sue the perpetrator of revenge porn for money damages under Georgia law. This situation is similar in many states throughout the country.

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