Section 12. Offenses Against Public Health and Morals, 16-12-1 through 16-12-191.
ARTICLE 3
OBSCENITY AND RELATED OFFENSES
16-12-105. Penalty.
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.
Any person who violates subsection (a) of Code Section 16-12-103 shall be guilty of a misdemeanor if:
The person depicted was at least 14 years of age;
The items described in subsection (a) of Code Section 16-12-103 were furnished or disseminated with the permission of the minor depicted; and
The defendant was 18 years of age or younger at the time of the offense.
(Code 1981, §16-12-105, enacted by Ga. L. 1983, p. 1437, § 2; Ga. L. 2013, p. 663, § 4/HB 156.)
JUDICIAL DECISIONS
Cited in
Metts v. State, 297 Ga. App. 330, 677 S.E.2d 377 (2009).
Cited 37 times | Published | Supreme Court of Georgia | Jun 22, 2022
.... . explicit and
detailed verbal descriptions or narrative accounts of sexual excitement [or]
sexual conduct . . . which, taken as a whole, is harmful to minors.”); 16-12-102
(3) (defining “minor” as “a person less than 18 years of age”), 16-12-105 (a)
(explaining that, with a limited exception not applicable here, a person
convicted of this crime is “guilty of a misdemeanor of a high and aggravated
nature”)....
Cited 8 times | Published | Supreme Court of Georgia | May 26, 1998 | 269 Ga. 486, 98 Fulton County D. Rep. 1769
...rformers; or sadomasochistic abuse on the part of one or more live performers. OCGA § 16-12-103(b)(2); Ga.L.1996, p. 273, § 2. Violation of the code subsection is a criminal offense punishable as a misdemeanor of a high and aggravated nature. OCGA § 16-12-105....