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
§ 16-12-104. Library Exception

Universal Citation: GA Code § 16-12-104 (2020)

The provisions of Code Section 16-12-103 shall not apply to any public library operated by the state or any of its political subdivisions nor to any library operated as a part of any school, college, or university.

(Code 1981, §16-12-104, enacted by Ga. L. 1984, p. 1495, § 3.)

Editor's notes.

- This Code section formerly dealt with exhibiting to persons under 18 shows depicting sexually explicit nudity, sexual conduct, or sadomasochistic abuse; see subsection (b) of Code Section 16-12-103 for similar current provisions. The former Code section was enacted by Ga. L. 1983, p. 1437, § 2.

JUDICIAL DECISIONS

Constitutionality.

- Exemption for display of materials harmful to minors at libraries does not offend the equal protection clause of the U.S. Constitution. American Booksellers v. Webb, 919 F.2d 1493 (11th Cir. 1990), cert. denied, 500 U.S. 941, 111 S. Ct. 2237, 114 L. Ed. 2d 479 (1991).

Cited in American Booksellers Ass'n v. Webb, 590 F. Supp. 677 (N.D. Ga. 1984).

OPINIONS OF THE ATTORNEY GENERAL

Protection of minors.

- Public libraries may be required by legislation to take appropriate action to protect minors from exposure to materials which fall within the definition of harmful to minors. 1995 Op. Att'y Gen. No. U95-24.

RESEARCH REFERENCES

ALR.

- Obscenity prosecution: statutory exemption based on dissemination to persons or entities having scientific, educational, or similar justification for possession of such materials, 13 A.L.R.5th 567.

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