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Call Now: 904-383-7448The 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.)
- 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.
- 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).
- 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.
- 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.
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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.