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2018 Georgia Code 16-12-100 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-12-100 Case Law from Google Scholar Amendments to OCGA 16-12-100

TITLE 16 CRIMES AND OFFENSES

Section 12. Offenses Against Public Health and Morals, 16-12-1 through 16-12-191.

ARTICLE 3 OBSCENITY AND RELATED OFFENSES

16-12-100. Sexual exploitation of children; reporting violation; civil forfeiture; penalties.

  1. As used in this Code section, the term:
    1. "Minor" means any person under the age of 18 years.
    2. "Performance" means any play, dance, or exhibit to be shown to or viewed by an audience.
    3. "Producing" means producing, directing, manufacturing, issuing, or publishing.
    4. "Sexually explicit conduct" means actual or simulated:
      1. Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
      2. Bestiality;
      3. Masturbation;
      4. Lewd exhibition of the genitals or pubic area of any person;
      5. Flagellation or torture by or upon a person who is nude;
      6. Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
      7. Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;
      8. Defecation or urination for the purpose of sexual stimulation of the viewer; or
      9. Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
    5. "Visual medium" means any film, photograph, negative, slide, magazine, or other visual medium.
    1. It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
    2. It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
    3. It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance.
    4. It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance.
    5. It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
    6. It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased.
    7. It is unlawful for any person knowingly to bring or cause to be brought into this state any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
    8. It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
  3. A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the Georgia Bureau of Investigation or the law enforcement agency for the county in which such matter is submitted. Any person participating in the making of a report or causing a report to be made pursuant to this subsection or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this subsection is made in good faith.
  4. 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;
    2. Legitimate medical, scientific, or educational activities; or
    3. Any person who creates or possesses a visual medium depicting only himself or herself engaged in sexually explicit conduct.
    1. As used in this subsection, the terms "proceeds" and "property" shall have the same meaning as set forth in Code Section 9-16-2.
    2. Any property which is, directly or indirectly, used or intended to be used in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them.
    3. Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
    1. Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00; provided, however, that if the person so convicted is a member of the immediate family of the victim, no fine shall be imposed. Any person punished as provided in this paragraph shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
    2. Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor.
    3. Any person who violates paragraph (1), (5), (7), or (8) of subsection (b) of this Code section shall be guilty of a misdemeanor if:
      1. The minor depicted was at least 14 years of age at the time the visual medium was created;
      2. The visual medium was created with the permission of the minor depicted; and
      3. The defendant was 18 years of age or younger at the time of the offense and:
        1. The defendant's violation of such paragraphs did not involve the distribution of such visual medium to another person; or
        2. In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation of such paragraphs involved the distribution of such visual medium to another person but such distribution was not for the purpose of:
      4. Harassing, intimidating, or embarrassing the minor depicted; or
      5. For any commercial purpose.

(Ga. L. 1978, p. 2193, § 1; Ga. L. 1983, p. 1437, § 1; Ga. L. 1987, p. 1164, § 1; Ga. L. 1988, p. 11, §§ 1, 2; Ga. L. 1991, p. 886, § 3; Ga. L. 1995, p. 957, § 6; Ga. L. 1996, p. 6, § 16; Ga. L. 2003, p. 573, § 2; Ga. L. 2013, p. 663, § 1/HB 156; Ga. L. 2015, p. 693, § 2-15/HB 233; Ga. L. 2017, p. 489, § 4/HB 341.)

The 2017 amendment, effective July 1, 2017, added the last sentence of paragraph (f)(1).

Cross references.

- Selling, apprenticing persons under age 12 for indecent, obscene, or immoral exhibition, practice, or purpose, § 39-2-17.

Employment of minors as actors, or performers in motion pictures, theatrical productions, generally, § 39-2-18.

Editor's notes.

- Ga. L. 1991, p. 886, § 4, not codified by the General Assembly, provides: "(a) The repeal, or repeal and reenactment, of the provisions of Code Section 16-13-49 by this Act shall not abate any cause of action which arose at any previous time under the provisions of said Code section prior to the effective date of this Act. Furthermore, no action for forfeiture shall be abated as a result of the provisions of this Act, and any and every such action or cause of action shall continue, subject only to the applicable statute of limitations.

"(b) No property shall be subject to forfeiture pursuant to this Act where the act or omission which makes such property subject to forfeiture occurred prior to the effective date of this Act unless such property was subject to forfeiture under the laws of this state at the time such act or omission occurred."

Ga. L. 1995, p. 957, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Child Protection Act of 1995'."

Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For article, "Inconsistencies in Georgia's Sex-Crime Statutes Teach Teens that Sexting is Worse than Sex," see 67 Mercer L. Rev. 405 (2016). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 84 (2003). For note, "Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia's Children," see 31 Ga. St. U.L. Rev. 643 (2015). For comment, "Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia's Children," see 31 Ga. St. U.L. Rev. 643 (2015).

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Cases Citing Georgia Code 16-12-100 From Courtlistener.com

Total Results: 20

Regan v. State

Court: Supreme Court of Georgia | Date Filed: 2023-11-02

Snippet: least 14 but less than 16 years old); OCGA § 16-12-100 (f) (person convicted of sexual exploitation of

Sosebee v. State

Court: Supreme Court of Georgia | Date Filed: 2023-10-11

Snippet: possession of child pornography under OCGA § 16-12-100 (f) (1) the same as offenses involving the sale

Winslow v. State

Court: Supreme Court of Georgia | Date Filed: 2022-11-02

Snippet: challenges to the sentencing scheme of OCGA § 16-12-100 (f) (1); and (3) the trial court erred by failing

Winslow v. State

Court: Supreme Court of Georgia | Date Filed: 2022-11-02

Snippet: challenges to the sentencing scheme of OCGA § 16-12-100 (f) (1); and (3) the trial court erred by failing

Harris v. State

Court: Supreme Court of Georgia | Date Filed: 2022-06-22

Snippet: guilty of a felony . . . .”). 68 See OCGA § 16-12-100.2 (e) (1) (“A person commits the offense of obscene

Johnson v. State

Court: Supreme Court of Georgia | Date Filed: 2022-01-19

Snippet: concluded that the unit of prosecution under OCGA § 16-12-100 (b) (5) for the sexual exploitation of children

Wilson v. State

Court: Supreme Court of Georgia | Date Filed: 2021-06-21

Snippet: Section 16-6-4, 16-6-5, 16-12-100, 16-12-100.2, or 16-12-100.3; (2) Any crime

Bello v. State

Court: Supreme Court of Georgia | Date Filed: 2017-03-06

Citation: 300 Ga. 682, 797 S.E.2d 882, 2017 WL 875061, 2017 Ga. LEXIS 174

Snippet: sexually explicit acts is a crime, see OCGA § 16-12-100 (b) (8), and although there is a limited exception

Yelverton v. State

Court: Supreme Court of Georgia | Date Filed: 2016-11-30

Citation: 300 Ga. 312, 794 S.E.2d 613, 2016 Ga. LEXIS 780

Snippet: exploitation of children in violation of Code Section 16-12-100; *315(xvi) Electronically furnishing obscene material

Scott v. State

Court: Supreme Court of Georgia | Date Filed: 2016-07-05

Citation: 299 Ga. 568, 788 S.E.2d 468, 2016 Ga. LEXIS 460

Snippet: and Child Exploitation Prevention Act, OCGA § 16-12-100.2, which criminalizes the offense of “obscene

Gregory v. Sexual Offender Registration Review Board

Court: Supreme Court of Georgia | Date Filed: 2016-03-21

Citation: 298 Ga. 675, 784 S.E.2d 392, 2016 Ga. LEXIS 242

Snippet: obscene Internet contact with a child, see OCGA § 16-12-100.2 (e) (l), 5 andfor this felony, he

Edvalson v. State

Court: Supreme Court of Georgia | Date Filed: 2016-03-07

Citation: 298 Ga. 626, 783 S.E.2d 603, 2016 Ga. LEXIS 204

Snippet: possession of child pornography, see former OCGA § 16-12-100 (b) (8), 2 was obtained against Edvalson

Wetzel v. State

Court: Supreme Court of Georgia | Date Filed: 2015-11-02

Citation: 298 Ga. 20, 779 S.E.2d 263, 2015 Ga. LEXIS 790

Snippet: and child exploitation in violation of OCGA § 16-12-100.2 (d) (1) (Count 1) and of electronically furnishing

Shirley v. State

Court: Supreme Court of Georgia | Date Filed: 2015-09-14

Citation: 297 Ga. 722, 777 S.E.2d 444, 2015 Ga. LEXIS 652

Snippet: Pornography” pursuant to *723 OCGA § 16-12-100 (b) (8) as the offense at issue, described the

State v. Cosmo

Court: Supreme Court of Georgia | Date Filed: 2014-04-22

Citation: 295 Ga. 76, 757 S.E.2d 819, 2014 Fulton County D. Rep. 1065, 2014 WL 1584512, 2014 Ga. LEXIS 290

Snippet: and Child Exploitation Prevention Act,” OCGA § 16-12-100.2, prior to the statute’s amendment in 2013. That

State v. Grube

Court: Supreme Court of Georgia | Date Filed: 2013-06-03

Citation: 293 Ga. 257, 744 S.E.2d 1, 13 Fulton County D. Rep. 1693, 2013 WL 2371789, 2013 Ga. LEXIS 487

Snippet: molestation. See OCGA § 16-6-4 (a) and (c); OCGA § 16-12-100.2 (d). The trial court determined all three counts

Hedden v. State

Court: Supreme Court of Georgia | Date Filed: 2011-03-18

Citation: 708 S.E.2d 287, 288 Ga. 871, 2011 Fulton County D. Rep. 754, 2011 Ga. LEXIS 252

Snippet: engaged in sexually explicit conduct. See OCGA § 16-12-100(b)(8) ("It is unlawful for any person knowingly

Reaves v. State

Court: Supreme Court of Georgia | Date Filed: 2008-07-11

Citation: 664 S.E.2d 211, 284 Ga. 181, 2008 Fulton County D. Rep. 2402, 2008 Ga. LEXIS 622

Snippet: exploitation of children in violation of OCGA § 16-12-100.2’ was sufficient”); Maddox v. State, 272 Ga.

Patel v. State

Court: Supreme Court of Georgia | Date Filed: 2007-09-24

Citation: 651 S.E.2d 55, 282 Ga. 412, 2007 Fulton County D. Rep. 2958, 2007 Ga. LEXIS 585

Snippet: Child Exploitation Prevention Act of 1999, OCGA § 16-12-100.2 (utilizing a computer on-line service to solicit

Alexander Properties Group, Inc. v. Doe

Court: Supreme Court of Georgia | Date Filed: 2006-02-13

Citation: 626 S.E.2d 497, 280 Ga. 306, 2006 Fulton County D. Rep. 438, 2006 Ga. LEXIS 116

Snippet: sexually-explicit conduct is a felony under OCGA § 16-12-100(b)(5), and the mere possession of the videotape