O.C.G.A.

O.C.G.A. § 49-5-44 (2019)

Penalties for unauthorized access to records; use of records in public and criminal proceedings

✓ 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) Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor.

(b) Any person who knowingly and under false pretense obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized in this article or Code Section 19-7-5 shall be guilty of a misdemeanor.

(c) Records made confidential by Code Section 49-5-40 and information obtained from such records shall not be made a part of any record which is open to the public except that:

(1) A district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse; and

(2) The parties in a civil action may use and make public that

PROGRAMS & PROTECTION FOR CHILDREN T.49, C.5, A.3 record or information in the course of a civil action for childhood sexual abuse, as such term is defined in Code Section 9-3-33.1.

History

Ga. L. 1975, p. 1135, § 3; Ga. L. 1990, p. 1778, § 3; Ga. L. 2015, p. 689, § 6/HB 17.

Annotations

Law reviews. For article, “Practical Challenges to

Representing Unaccompanied Children Before the Atlanta Immigration Court,” see 22 Ga. St. Bar J. 35 (April 2017).