TITLE 16 CRIMES AND OFFENSES

Section 11. Offenses Against Public Order and Safety, 16-11-1 through 16-11-224.

ARTICLE 2 OFFENSES AGAINST PUBLIC ORDER

16-11-40.1. Definitions; identification of minors; criminal offense.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.

(Code 1981, §16-11-40.1, enacted by Ga. L. 2015, p. 1212, § 1A/SB 160.)