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Man sentenced under new revenge porn law for posting lewd photos
Kevin Payne gets 2 years of probation
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Kevin Allen Payne, of Norcross, prepares to meet with probation officials following his guilty pleas on two counts of sexually explicit electronic transmissions Wednesday morning in Hall County Superior Court. The case is one of the first testing the new "revenge porn" laws that were activated on July 1, 2014.

A Norcross man faced sentencing Wednesday for posting lewd pictures of a woman on the Internet, an act considered “an unusual form of blackmail” by the prosecution.

Kevin Allen Payne, 48, pleaded guilty to two counts of sexually explicit electronic transmissions. In exchange, Assistant District Attorney Hugh Hamilton said the state would not prosecute on a charge of unlawful photography.

According to the Hall County Sheriff’s Office, the images of the victim posted in November 2014 “were uploaded as a result of a civil matter that the two were going through.”

The case comes under a new section of the law often referred to as “revenge porn,” the act of posting explicit pictures of a person as a form of harassment. State Rep. Kevin Tanner, R-Dawsonville, sponsored the bill in the 2014 session.

The negotiated sentence came to 12 months on probation on both counts, to run consecutively.

The conditions of the agreement involve about $1,000 in fines, community service hours, no contact with the victim and counseling.

Hamilton read the victim’s impact statement to Judge David Burroughs, explaining how “mortified and ashamed” she was and how she is no longer the same “happy, content person.”

The victim also said she feared he would threaten her again.

“There’s not a day that I don’t cry in private and not a moment that I don’t think about it,” according to the impact statement.

Defense attorney Clinton Teston said he and his client took issue with some of the allegations of potential threatening behavior that were alleged in the victim’s statement.

Speaking directly to Burroughs, Payne said he now lives a considerable distance away from the victim and has written a formal letter of apology.

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