O.C.G.A.

O.C.G.A. § 16-12-105 (2019)

Penalty

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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(a) Except as provided in subsection (b) of this Code section, any person who violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a misdemeanor of a high and aggravated nature.

(b) Any person who violates subsection (a) of Code Section 16-12-103 shall be guilty of a misdemeanor if:

(1) The person depicted was at least 14 years of age;

(2) The items described in subsection (a) of Code Section 16-12-103 were furnished or disseminated with the permission of the minor depicted; and

(3) The defendant was 18 years of age or younger at the time of the offense.

History

Code 1981, § 16-12-105, enacted by Ga.

L. 1983, p. 1437, § 2; Ga. L. 2013, p. 663, § 4/HB 156.

ARTICLE 4 OFFENSES AGAINST PUBLIC TRANSPORTATION PART 1 GENERAL PROVISIONS

Notes of Decisions

Cited in 2 cases, 1998–2009 · leading case: Metts v. State, 677 S.E.2d 377 (Ga. Ct. App. 2009).

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Metts v. State, 677 S.E.2d 377 (Ga. Ct. App. 2009). · cites it 2× “6 OCGA § 16-12-103 (a) (1) provides: It shall be unlawful for any person knowingly to sell or loan for monetary *337 consideration or otherwise furnish or disseminate to a minor: Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation…”

State v. Cafe Erotica, Inc., 500 S.E.2d 574 (Ga. 1998). · cites it 4× “OCGA § 16-12-105. Appellee Cafe Erotica is a Peach County, Georgia, business establishment which provides food services 24 hours a day and adult entertainment in the form of dancers who may become nude or partially nude during their dance routines.”

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