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Laws against synthesis and other related crimes: Difference between revisions
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Laws against synthesis and other related crimes (edit)
Revision as of 13:51, 4 January 2022
, 2 years agosourced text of GA CODE § 16-11-90 (located in Georgia Code / Title 16. Crimes and Offenses Chapter 11 "Offenses Against Public Order and Safety", Article 3 "Invasions of Privacy", Part 3 "Invasion of privacy") from <ref name="Georgia Code § 16-11-90 at findlaw.com">
Juho Kunsola (talk | contribs) (sourced the New York State law on "Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual" from <ref name="New York State Civil Rights CHAPTER 6, ARTICLE 5, SECTION 52-C">) |
Juho Kunsola (talk | contribs) (sourced text of GA CODE § 16-11-90 (located in Georgia Code / Title 16. Crimes and Offenses Chapter 11 "Offenses Against Public Order and Safety", Article 3 "Invasions of Privacy", Part 3 "Invasion of privacy") from <ref name="Georgia Code § 16-11-90 at findlaw.com">) |
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=== Georgia Code § 16-11-90 === | === Georgia Code § 16-11-90 === | ||
[https://codes.findlaw.com/ga/ Georgia Code] / [https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ Title 16. Crimes and Offenses] [https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-90.html Chapter 11 "Offenses Against Public Order and Safety", Article 3 "Invasions of Privacy", Part 3 "Invasion of privacy" GA CODE § 16-11-90] | [https://codes.findlaw.com/ga/ Georgia Code] / [https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ Title 16. Crimes and Offenses] [https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-90.html Chapter 11 "Offenses Against Public Order and Safety", Article 3 "Invasions of Privacy", Part 3 "Invasion of privacy" GA CODE § 16-11-90] | ||
<ref group="1st seen in" name="CCRI US deepfake laws list">https://accsstaging.com/ccri/deep-fake-laws/</ref> | <ref group="1st seen in" name="CCRI US deepfake laws list">https://accsstaging.com/ccri/deep-fake-laws/</ref> | ||
'''The law is''' as of April 14, 2021<ref name="Georgia Code § 16-11-90 at findlaw.com" /> as follows: | |||
('''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 substantial 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 and serves no legitimate purpose to the depicted person; 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 and serves no legitimate purpose to the depicted person. | |||
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. 230(f)(2) , or an information service or telecommunications service, as such terms are defined in 47 U.S.C. 153 , for content provided by another person. | |||
('''c''') Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that upon a second or subsequent violation of this Code section, he or she 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. | |||
('''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 section 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 criminal 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.<ref name="Georgia Code § 16-11-90 at findlaw.com"> | |||
{{cite web | |||
|url=https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-90.html | |||
|title=Georgia Code Title 16. Crimes and Offenses § 16-11-90 | |||
|last= | |||
|first= | |||
|date=2021-04-14 | |||
|website=[[w:FindLaw]] | |||
|publisher=[[w:Georgia (U.S. state)]] | |||
|access-date=2022-01-04 | |||
|quote=}} | |||
</ref> | |||
== Law on synthetic filth in New York State in 2021 == | == Law on synthetic filth in New York State in 2021 == | ||