23 LC 49 1368
H. B. 656
- 1 -
House Bill 656
By: Representatives Reeves of the 99
th
, Taylor of the 173
rd
, Campbell of the 171
st
, Greene
of the 154
th
, Kelley of the 16
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
1
offenses, so as to revise the offenses of cruelty to children in the second and third degrees;2
to establish the offense of traveling to meet a minor for indecent purposes; to provide3
sentencing guidelines; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is7
amended by revising subsections (c), (d), and (e) of Code Section 16-5-70, relating to cruelty8
to children, as follows:9
"(c) Any person commits the offense of cruelty to children in the second degree when such10
person:11
(1) With
criminal negligence causes a child under the age of 18 cruel or excessive12
physical or mental pain;13
(2) Causes or allows, whether intentionally or unintentionally, a child under the age of 1814
to witness or be present for any unlawful manufacture, distribution, delivery, possession,15
sale, or use of any controlled substance, excluding marijuana; or16 23 LC 49 1368
H. B. 656
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(3) Causes or allows, whether intentionally or unintentionally, a child under the age of 1817
to witness or be present for the commission of any forcible felony as defined in Code18
Section 16-1-3.19
(d) Any person commits the offense of cruelty to children in the third degree when:20
(1) Such person, who is the primary aggressor, intentionally allows a child under the age21
of 18 to witness the commission of a felony other than a forcible felony, or to witness the22
commission of battery, family violence battery, or family violence simple battery; or23
(2) Such person, who is the primary aggressor, having knowledge that a child under the24
age of 18 is present and sees or hears the act, commits a felony other than a forcible25
felony, or commits battery, family violence battery, or family violence simple battery.26
(e)(1) A person convicted of the offense of cruelty to children in the first degree as27
provided in this Code section shall be punished by imprisonment for not less than five nor28
more than 20 years.29
(2) A person convicted of the offense of cruelty to children in the second degree shall be30
punished by imprisonment for not less than one year nor more than ten years; provided,31
however, that if the offense includes a victim who is under the age of 18 showing positive32
laboratory blood or other bodily substance results concerning the presence of controlled33
substances, such person convicted shall be punished by imprisonment for not less than34
one year nor more than 15 years.35
(3) A person convicted of the offense of cruelty to children in the third degree shall be36
punished as for a misdemeanor upon the first or second conviction. Upon conviction of37
a third or subsequent offense of cruelty to children in the third degree, the defendant shall38
be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more39
than $5,000.00 or imprisonment for not less than one year nor more than three years or40
shall be sentenced to both fine and imprisonment."41 23 LC 49 1368
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SECTION 2.
42
Said title is further amended by adding a new Code section to read as follows:43
"16-6-4.1.
44
(a) Any person commits the offense of traveling to meet a child for indecent purposes45
when such person travels any distance within this state, when such person attempts to do46
so or causes another person to do so for the purpose of contacting any child under the age47
of 16 years, or with a person believed to be a child under the age of 16 years, to:48
(1) Solicit, entice, commit, or attempt to commit any act of child molestation or other49
indecent act; or50
(2) Solicit, entice, or attempt to solicit or entice any parent, guardian, or other lawful51
custodian of any child, or to solicit, entice, or attempt to solicit or entice any person52
believed to be a parent, guardian, or other lawful custodian of any child, to consent to or53
otherwise allow the participation of any child in any act of child molestation or other54
indecent act.55
(b)(1) Any person convicted of violating paragraph (1) of subsection (a) of this Code56
section shall be punished as if for violations of subsection (b) of Code Section 16-6-4.57
(2) Any person convicted of violating paragraph (2) of subsection (a) of this Code58
section shall be punished by imprisonment for not less than one year nor more than ten59
years and shall be subject to the sentencing provisions provided in Code60
Section 42-1-12."61
SECTION 3.62
All laws and parts of laws in conflict with this Act are repealed.63