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Georgia Code Title 16. Crimes and Offenses § 16-11-40.1

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) As used in this Code section, the term:

(1) “Minor” means an individual who is under the age of 18 years.

(2) “Nudity” shall have the same meaning as set forth in Code Section 16-11-90.

(3) “Obscene depiction” means a visual depiction of an individual displaying nudity or sexually explicit conduct.

(4) “Sexually explicit conduct” shall have the same meaning as set forth in Code Section 16-12-100.

(b) No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such identification shall include, without limitation, the minor's name, address, telephone number, e-mail address, username, or other electronic identification. Such identification shall also include the electronic imposing of the facial image of a minor onto an obscene depiction.

(c) Any person convicted of violating this Code section shall be guilty of a misdemeanor; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both.

(d) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this Code section in which such person engages while:

(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides in this state; or

(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides within or outside this state.

(e) The provisions of subsection (b) of this Code section shall not apply to:

(1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or

(2) An image and identification made pursuant to or in anticipation of a civil action.

(f) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.

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Cite this article: FindLaw.com - Georgia Code Title 16. Crimes and Offenses § 16-11-40.1 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-40-1/

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