16-11-92. Sexual extortion.

As used in this Code section, the term:#

1. (1)

   “Coerce” means:#

   1. (A)

      Exposing or threatening to expose any fact or information that if revealed would tend to subject an individual to hatred, contempt, ridicule, or economic harm;#

   2. (B)

      Exposing or threatening to expose any photograph or video depicting an individual in a state of nudity or engaged in sexually explicit conduct;#

   3. (C)

      Exposing or threatening to expose any fact or information that if revealed would tend to subject an individual to criminal proceedings or threatening to accuse any individual of a criminal offense;#

   4. (D)

      Threatening to take or withhold action as a public official or cause an official to take or withhold action; or#

   5. (E)

      Threatening to take or withhold action as an employer or cause an employer to take or withhold action which would cause economic harm to an individual.#

2. (2)

   “Distribute” means to sell, lend, rent, lease, give, advertise, publish, exhibit, or otherwise disseminate.#

3. (3)

   “Nudity” shall have the same meaning as set forth in Code Section 16-11-90.#

4. (4)

   “Sexually explicit conduct” shall have the same meaning as set forth in Code Section 16-12-100.#

1. (1)

   No person shall intentionally coerce orally, in writing, or electronically another individual who is more than 18 years of age to distribute any photograph, video, or other image that depicts any individual in a state of nudity or engaged in sexually explicit conduct.#

2. (2)

   The provisions of this subsection shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses.#

3. (3)

   The provisions of this subsection shall not apply to requests for disclosures, production of documents or evidence, or similar discovery actions under the provisions of Chapter 11 of Title 9, the “Georgia Civil Practice Act.”#

Any person that violates paragraph (1) of subsection (b) of this Code section shall:#

1. (1)

   Upon the first offense, be guilty of and punished as for a misdemeanor of a high and aggravated nature; or#

2. (2)

   Upon a second or subsequent offense, be guilty of a felony and upon conviction, be punished by imprisonment for not less than one year and not more than five years.#

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 in which the person engages while:#

1. (1)

   Within or outside this state if, by such conduct, the person commits a violation of this Code section that involves an individual who resides within this state; or#

2. (2)

   Within this state if, by such conduct, the person commits a violation of this Code section that involves an individual who resides within or outside this state.#

Each violation of this Code section shall be considered a separate offense and shall not merge with any other offense.#