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2018 Georgia Code 16-12-104 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-12-104 Case Law from Google Scholar Amendments to OCGA 16-12-104

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

16-12-104. Library exception.

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.

Cases Citing O.C.G.A. § 16-12-104

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Hunter v. State, 361 S.E.2d 787 (Ga. 1987).

Cited 11 times | Published | Supreme Court of Georgia | Nov 5, 1987 | 257 Ga. 571

...y display in public at newsstands or any other business or commercial establishment or at any other public place frequented by minors, any variously described written or pictorial material which is sexually explicit and "harmful to minors." (4) OCGA § 16-12-104 [4] is the exemption component, and this provision states that § 16-12-103 shall not apply to any public library or any other library operated as part of any school, college, or university....
...In this connection, § 1 of the 1984 Act amended OCGA § 16-6-4 (b), relating to the offense of child molestation, and § 2 of the Act amended OCGA § 16-6-5, relating to the offense of enticing a child for indecent purposes. As previously stated, § 3 of the Act amended OCGA §§ 16-12-102; 16-12- 103, and 16-12-104 relating to the sale and distribution of harmful material to minors....
...any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors." [4] OCGA § 16-12-104 provides, "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." [5] OCGA Â...