O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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.
History
Code 1981, § 16-12-104, enacted by Ga. L. 1984, p. 1495, § 3.
Annotations
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, 1990 U.S. App. LEXIS 22251 (11th
Cir. 1990), cert. denied, 500 U.S. 942, 111 S. Ct. 2237, 114 L. Ed. 2d 479, 1991 U.S. LEXIS 2930 (1991). 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.
Notes of Decisions
Am. Booksellers Ass'n, Inc. v. Webb, 590 F. Supp. 677 (N.D. Ga. 1984).
· cites it 4× “rmful to minors; (3) the exhibition component, § 16-12-103(b), which prohibits any person from exhibiting to a minor any motion picture, show, or other presentation that is harmful to minors; (4) the display component, § 16-12-103(e), which prohibits the display in public places…”
Hunter v. State, 361 S.E.2d 787 (Ga. 1987).
· cites it 4× “” (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.”
Windom v. State, 369 S.E.2d 311 (Ga. Ct. App. 1988).
· cites it 2× “At trial defense counsel argued that because the display provision (subsection (e)) and the library exception (OCGA § 16-12-104) were stricken in American Booksellers Assn.”
Am. Booksellers Ass'n, Inc. v. Webb, 643 F. Supp. 1546 (N.D. Ga. 1986).
· cites it 3× “The Library Exception Pursuant to O.C.G.A. § 16-12-104, “any public library operated by the state or any of its political subdivisions [or] .”
Am. Booksellers Ass'n, Inc. v. Webb, 654 F. Supp. 503 (N.D. Ga. 1987).
· cites it 2× “O.C.G.A. § 16-12-104. Second, contrary to defendants’ assertion, it appears that the 1981 statute did apply to displays of sexually explicit materials, since it prohibited "showing” such material to minors.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.