2020 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
§ 16-12-1.1. Child, Family, or Group-Care Facility Operators Prohibited From Employing or Allowing to Reside or Be Domiciled Persons With Certain Past Criminal Violations

Universal Citation: GA Code § 16-12-1.1 (2020)
  1. As used in this Code section the term:
    1. "Facility" means any child care learning center, family child care learning home, group-care facility, or similar facility at which any child who is not a member of an operator's family is received for pay for supervision and care, without transfer of legal custody, for fewer than 24 hours per day.
    2. "Operator" means any person who applies for or holds a permit or license to operate a facility.
  2. Unless otherwise authorized as provided in Code Section 20-1A-43, it shall be unlawful for any operator of a facility to knowingly have any person reside at, be domiciled at, or be employed at any such facility if such person has been convicted of or has entered a plea of guilty or nolo contendere to or has been adjudicated a delinquent for:
    1. A violation of Code Section 16-4-1, relating to criminal attempt, when the crime attempted is any of the crimes specified in paragraphs (2) through (10) of this subsection;
    2. A violation of Code Section 16-5-23.1, relating to battery, when the victim at the time of such offense was a minor;
    3. A violation of any provision of Chapter 6 of this title, relating to sexual offenses, when the victim at the time of such offense was a minor;
    4. A violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor;
    5. A violation of Code Section 16-5-1;
    6. A violation of Code Section 16-5-2, relating to voluntary manslaughter;
    7. A violation of Code Section 16-6-2, relating to aggravated sodomy;
    8. A violation of Code Section 16-6-3, relating to rape;
    9. A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; or
    10. A violation of Code Section 16-8-41, relating to armed robbery, if committed with a firearm.
  3. Any person violating subsection (b) of this Code section shall be guilty of a misdemeanor.

(Code 1981, §16-12-1.1, enacted by Ga. L. 1997, p. 713, § 1; Ga. L. 2013, p. 135, § 12/HB 354; Ga. L. 2013, p. 285, § 1/HB 350; Ga. L. 2014, p. 444, § 2-7/HB 271; Ga. L. 2015, p. 965, § 3/HB 401.)

Cross references.

- Community Services for the Developmentally Disabled, T. 37, C. 5.

Day-Care Centers for the Developmentally Disabled, T. 37, C. 6.

Law reviews.

- For article commenting on the enactment of this Code section, see 14 Ga. St. U.L. Rev. 76 (1997).

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