O.C.G.A. § 16-11-91 (2019)
Use or installation of device to film underneath or through an individual’s clothing under certain circumstances
(a) As used in this Code section, the term:
(1) ‘‘Device’’ means an instrument or apparatus used for observing, photographing, videotaping, recording, or transmitting visual images, including but not limited to a camera, photographic equipment, video equipment, mobile phone, or other similar equipment.
(2) ‘‘Intimate parts’’ shall have the same meaning as set forth in Code Section 16-6-22.1.
(b)(1) Notwithstanding Code Section 16-11-90, it shall be unlawful for any person to, knowingly and without the consent of the individual observed, use or install a device for the purpose of surreptitiously observing, photographing, videotaping, filming, or video recording such individual underneath or through such individual’s clothing, for the purpose of viewing the intimate parts of the body of or the undergarments worn by such individual, under circumstances in
T.16, C.11, A.4, P.1 which such individual has a reasonable expectation of privacy, regardless of whether it occurs in a public place.
(2) It shall be unlawful to disseminate any image or recording with knowledge that it was taken or obtained in violation of paragraph (1) of this subsection.
(c) Any person convicted of violating this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one year nor more than five years, a fine of not more than $10,000.00, or both, or in the discretion of the court, as for a misdemeanor.
(d) Subsection (b) of this Code section shall not apply to:
(1) The lawful activities of law enforcement and prosecution agencies; or
(2) A business’s or entity’s surveillance device used in the ordinary course of its business, provided that signage conspicuously warns of such surveillance and the use of such device is primarily designed to detect unlawful activity.
(e) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.
History
(Code 1981, § 16-11-91, enacted by Ga. L. 2017, p. 417, § 5A-1/SB 104.)
Annotations
Law reviews. - For article on the 2017 enactment of this Code section, see
34 Ga. St. U.L. Rev. 61 (2017). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
ARTICLE 4 DANGEROUS INSTRUMENTALITIES AND PRACTICES
Cross references. - Interstate purchase of rifles and shotguns, § 10-1-100 et seq.
PART 1 GENERAL PROVISIONS
Cross references. - Right to keep and bear arms generally, U.S. Const., amend. 2; Ga. Const. 1983, Art. I, Sec. I, Para. VIII; and § 1-2-6. Legal weapons for hunting wildlife generally, § 27-3-4. Prohibition against use of firearms, explo-
sives, or weapons for purpose of catching, killing, fish, § 27-4-8. Penalty for unauthorized possession of weapon by inmate, § 42-5-63. License requirement for firearms dealers, T. 43, C. 16.
T.16, C.11, A.4, P.1
RESEARCH REFERENCES ALR. - Liability of private citizen or his employer for injury or damage to third person resulting from firing of shots at fleeing criminal, 29 A.L.R.4th 144. Liability of one who provides, by sale or otherwise, firearm or ammunition to adult who shoots another, 39 A.L.R.4th 517.
Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.