2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 2 - Offenses Against Public Order
§ 16-11-40.1. Definitions; identification of minors; criminal offense

Universal Citation: GA Code § 16-11-40.1 (2018)
  • (a) As used in this Code section, the term:

    • (1) "Minor" means an individual who is under the age of 18 years.

    • (2) "Nudity" shall have the same meaning as set forth in Code Section 16-11-90.

    • (3) "Obscene depiction" means a visual depiction of an individual displaying nudity or sexually explicit conduct.

    • (4) "Sexually explicit conduct" shall have the same meaning as set forth in Code Section 16-12-100.

  • (b) No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such identification shall include, without limitation, the minor's name, address, telephone number, e-mail address, username, or other electronic identification. Such identification shall also include the electronic imposing of the facial image of a minor onto an obscene depiction.

  • (c) Any person convicted of violating this Code section shall be guilty of a misdemeanor; 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 in which such person engages 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; or

    • (2) An image and identification made pursuant to or in anticipation of a civil action.

  • (f) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.

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