Georgia 2023-2024 Regular Session

Georgia House Bill HB656 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 48 1256S
2		-	The House Committee on Judiciary Non-Civil offers the following substitute to HB 656:
	1	+	23 LC 49 1368
	2	+	H. B. 656
	3	+	- 1 -
	4	+	House Bill 656
	5	+	By: Representatives Reeves of the 99
	6	+	th
	7	+	, Taylor of the 173
	8	+	rd
	9	+	, Campbell of the 171
	10	+	st
	11	+	, Greene
	12	+	of the 154
	13	+	th
	14	+	, Kelley of the 16
	15	+	th
	16	+	, and others
3	17		A BILL TO BE ENTITLED
4	18		AN ACT
5		-	To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and1
6		-	offenses, so as to establish the offense of traveling to meet a minor for indecent purposes; to2
7		-	provide penalties; to provide for related matters; to repeal conflicting laws; and for other3
8		-	purposes.4
	19	+	To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
	20	+	1
	21	+	offenses, so as to revise the offenses of cruelty to children in the second and third degrees;2
	22	+	to establish the offense of traveling to meet a minor for indecent purposes; to provide3
	23	+	sentencing guidelines; to repeal conflicting laws; and for other purposes.4
9	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
10	25		SECTION 1.6
11	26		Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is7
12		-	amended by adding a new Code section to read as follows:8
13		-	"16-6-4.1.9
14		-	(a) Any person commits the offense of traveling to meet a child for indecent purposes10
15		-	when such person travels any distance into this state from outside this state, or causes11
16		-	another person to do so, for the purpose of contacting any child under the age of 16 years,12
17		-	or with a person believed to be a child under the age of 16 years, to:13
18		-	(1) Solicit, entice, or commit any act of child molestation or other indecent act; or14
19		-	(2) Solicit or entice any parent, guardian, or other lawful custodian of any child, or to15
20		-	solicit or entice any person believed to be a parent, guardian, or other lawful custodian16
21		-	H. B. 656 (SUB)
22		-	- 1 - 24 LC 48 1256S
23		-	of any child, to consent to or otherwise allow the participation of any child in any act of17
24		-	child molestation or other indecent act.18
25		-	(b)(1) Any person convicted of violating paragraph (1) of subsection (a) of this Code19
26		-	section shall be guilty of a felony and shall be punished by imprisonment for not less than20
27		-	two years nor more than ten years and shall be subject to the sentencing and punishment21
28		-	provisions of Code Sections 17-10-6.2 and 17-10-7.22
29		-	(2) Any person convicted of violating paragraph (2) of subsection (a) of this Code23
30		-	section shall be punished by imprisonment for not less than one year nor more than ten24
31		-	years.25
32		-	(3) Any person convicted of violating this Code section shall be subject to the provisions26
33		-	of Code Section 42-1-12."27
34		-	SECTION 2.28
35		-	All laws and parts of laws in conflict with this Act are repealed.29
36		-	H. B. 656 (SUB)
	27	+	amended by revising subsections (c), (d), and (e) of Code Section 16-5-70, relating to cruelty8
	28	+	to children, as follows:9
	29	+	"(c) Any person commits the offense of cruelty to children in the second degree when such10
	30	+	person:11
	31	+	(1) With
	32	+	criminal negligence causes a child under the age of 18 cruel or excessive12
	33	+	physical or mental pain;13
	34	+	(2) Causes or allows, whether intentionally or unintentionally, a child under the age of 1814
	35	+	to witness or be present for any unlawful manufacture, distribution, delivery, possession,15
	36	+	sale, or use of any controlled substance, excluding marijuana; or16 23 LC 49 1368
	37	+	H. B. 656
37	38		- 2 -
	39	+	(3) Causes or allows, whether intentionally or unintentionally, a child under the age of 1817
	40	+	to witness or be present for the commission of any forcible felony as defined in Code18
	41	+	Section 16-1-3.19
	42	+	(d) Any person commits the offense of cruelty to children in the third degree when:20
	43	+	(1) Such person, who is the primary aggressor, intentionally allows a child under the age21
	44	+	of 18 to witness the commission of a felony other than a forcible felony, or to witness the22
	45	+	commission of battery, family violence battery, or family violence simple battery; or23
	46	+	(2) Such person, who is the primary aggressor, having knowledge that a child under the24
	47	+	age of 18 is present and sees or hears the act, commits a felony other than a forcible25
	48	+	felony, or commits battery, family violence battery, or family violence simple battery.26
	49	+	(e)(1) A person convicted of the offense of cruelty to children in the first degree as27
	50	+	provided in this Code section shall be punished by imprisonment for not less than five nor28
	51	+	more than 20 years.29
	52	+	(2) A person convicted of the offense of cruelty to children in the second degree shall be30
	53	+	punished by imprisonment for not less than one year nor more than ten years; provided,31
	54	+	however, that if the offense includes a victim who is under the age of 18 showing positive32
	55	+	laboratory blood or other bodily substance results concerning the presence of controlled33
	56	+	substances, such person convicted shall be punished by imprisonment for not less than34
	57	+	one year nor more than 15 years.35
	58	+	(3) A person convicted of the offense of cruelty to children in the third degree shall be36
	59	+	punished as for a misdemeanor upon the first or second conviction. Upon conviction of37
	60	+	a third or subsequent offense of cruelty to children in the third degree, the defendant shall38
	61	+	be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more39
	62	+	than $5,000.00 or imprisonment for not less than one year nor more than three years or40
	63	+	shall be sentenced to both fine and imprisonment."41 23 LC 49 1368
	64	+	H. B. 656
	65	+	- 3 -
	66	+	SECTION 2.
	67	+	42
	68	+	Said title is further amended by adding a new Code section to read as follows:43
	69	+	"16-6-4.1.
	70	+	44
	71	+	(a) Any person commits the offense of traveling to meet a child for indecent purposes45
	72	+	when such person travels any distance within this state, when such person attempts to do46
	73	+	so or causes another person to do so for the purpose of contacting any child under the age47
	74	+	of 16 years, or with a person believed to be a child under the age of 16 years, to:48
	75	+	(1) Solicit, entice, commit, or attempt to commit any act of child molestation or other49
	76	+	indecent act; or50
	77	+	(2) Solicit, entice, or attempt to solicit or entice any parent, guardian, or other lawful51
	78	+	custodian of any child, or to solicit, entice, or attempt to solicit or entice any person52
	79	+	believed to be a parent, guardian, or other lawful custodian of any child, to consent to or53
	80	+	otherwise allow the participation of any child in any act of child molestation or other54
	81	+	indecent act.55
	82	+	(b)(1) Any person convicted of violating paragraph (1) of subsection (a) of this Code56
	83	+	section shall be punished as if for violations of subsection (b) of Code Section 16-6-4.57
	84	+	(2) Any person convicted of violating paragraph (2) of subsection (a) of this Code58
	85	+	section shall be punished by imprisonment for not less than one year nor more than ten59
	86	+	years and shall be subject to the sentencing provisions provided in Code60
	87	+	Section 42-1-12."61
	88	+	SECTION 3.62
	89	+	All laws and parts of laws in conflict with this Act are repealed.63