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2018 Georgia Code 16-12-101 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-12-101 Case Law from Google Scholar Amendments to OCGA 16-12-101

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

16-12-101. Legislative purpose.

The General Assembly finds that the sale, loan, and exhibition of harmful materials to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales, loans, and exhibition and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citizens of this state in general and of minors in this state in particular. The accomplishment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale, loan, or exhibition of harmful materials to minors.

(Code 1981, §16-12-101, enacted by Ga. L. 1983, p. 1437, § 2.)

JUDICIAL DECISIONS

Constitutionality.

- Decision in American Booksellers Ass'n v. Webb, 643 F. Supp. 1546 (N.D. Ga. 1986), invalidating the display provision of O.C.G.A. Pt. 3, Ch. 12, T. 16 does not prohibit the state from prosecuting a defendant for violating the exhibition, distribution, and definition components of that part. Hunter v. State, 257 Ga. 571, 361 S.E.2d 787 (1987).

Cases Citing O.C.G.A. § 16-12-101

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State v. Cafe Erotica, Inc., 500 S.E.2d 574 (Ga. 1998).

Cited 8 times | Published | Supreme Court of Georgia | May 26, 1998 | 269 Ga. 486, 98 Fulton County D. Rep. 1769

...purpose was to eliminate the "exhibition of harmful materials to minors" by "providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the ... exhibition of harmful materials to minors" (OCGA § 16-12-101); that the challenged legislation made it unlawful for a person knowingly to allow a person under 21 to enter premises where certain forms of constitutionally-protected exhibitions or activity were taking place; and that the legislative...
...The legislative purpose for the statute at issue is the elimination of the exhibition of harmful material to minors and the consequent protection of minors from harmful materials by giving public prosecutors the power to commence criminal actions against persons who exhibit harmful materials to minors. OCGA § 16-12-101....