2019 Georgia Code
Title 16 - Crimes and Offenses
Chapter 12 - Offenses Against Public Health and Morals
Article 3 - Obscenity and Related Offenses
Part 3 - Sale or Distribution of Harmful Materials to Minors
§ 16-12-102. Definitions

Universal Citation: GA Code § 16-12-102 (2019)
  • As used in this part, the term:
    • (1) "Harmful to minors" means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

      • (A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;

      • (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

      • (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

    • (2) "Knowingly" means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

      • (A) The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and

      • (B) The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor.

    • (3) "Minor" means a person less than 18 years of age.

    • (4) "Sadomasochistic abuse" means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude.

    • (5) "Sexual conduct" means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is female, breasts.

    • (6) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

    • (7) "Sexually explicit nudity" means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.


Code 1981, § 16-12-102, enacted by Ga. L. 1983, p. 1437, § 2; Ga. L. 1984, p. 1495, § 3; Ga. L. 1996, p. 6, § 16.

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