TITLE 16 CRIMES AND OFFENSES

Section 3. Defenses to Criminal Prosecutions, 16-3-1 through 16-3-40.

ARTICLE 2 JUSTIFICATION AND EXCUSE

16-3-22.1. Persons who provide assistance to law enforcement officers or the Division of Family and Children Services when the health and safety of children are adversely affected and threatened.

1. Any person that in good faith has possession of materials or images in violation of Article 3 of Chapter 12 of this title and immediately notifies law enforcement officials or any person that is required by Code Section 19-7-5 to report suspected child abuse, or makes such notification within 72 hours from the time there is reasonable cause to believe such person is in possession of such materials or images, shall be immune to the same extent as a law enforcement officer would be immune from criminal liability for such possession.
2. The official report of the law enforcement agency or the Division of Family and Children Services of the Department of Human Services shall create a rebuttable presumption of good faith and reasonableness on the part of the person that has possession.
3. The purpose of this Code section is to provide for those persons that act in good faith to assist law enforcement officers or the Division of Family and Children Services of the Department of Human Services when the health and safety of a child are being adversely affected and threatened by the conduct of another. This Code section shall be liberally construed so as to carry out the purposes thereof.

(Code 1981, §16-3-22.1, enacted by Ga. L. 2016, p. 773, § 1/HB 905.)