23 LC 48 0957
H. B. 834
- 1 -
House Bill 834
By: Representatives Powell of the 33
rd
, Smith of the 18
th
, and Leverett of the 123
rd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 24-4-414 of the Official Code of Georgia Annotated, relating to
1
evidence of similar transaction crimes in child molestation cases, so as to provide for the2
grooming of a child to engage in sexual conduct be considered admissible evidence in3
criminal proceedings; to provide for a definition; to provide for related matters; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Code Section 24-4-414 of the Official Code of Georgia Annotated, relating to evidence of8
similar transaction crimes in child molestation cases, is amended as follows:9
"24-4-414.10
(a) In a criminal proceeding in which the accused is accused of an offense of child11
molestation, evidence of the accused's commission of another offense of child molestation12
or grooming of a child to engage in sexual conduct
shall be admissible and may be13
considered for its bearing on any matter to which it is relevant.14
(b) In a proceeding in which the state intends to offer evidence under this Code section,15
the prosecuting attorney shall disclose the evidence to the accused, including statements16 23 LC 48 0957
H. B. 834
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of witnesses or a summary of the substance of any testimony that the prosecuting attorney
17
expects to offer, at least ten days in advance of trial, unless the time is shortened or18
lengthened or pretrial notice is excused by the judge upon good cause shown.19
(c) This Code section shall not be the exclusive means to admit or consider evidence20
described under this Code section.21
(d) For purposes of this Code section, the term:
22
(1) 'Grooming' means engaging in a pattern of behavior by an individual with either23
authority or influence over a child, including but not limited to through age, a position24
of trust, or other means, to normalize sexual advances or sexual contact toward such25
child.26
(2) 'Offense of child molestation' means any conduct or attempt or conspiracy to engage27
in:28
(d) As used in this Code section, the term 'offense of child molestation' means any conduct29
or attempt or conspiracy to engage in:30
(1)(A) Conduct that would be a violation of Code Section 16-6-4, 16-6-5, 16-12-100,31
16-12-100.2, or 16-12-100.3;32
(2)(B) Any crime that involves contact between any part of the accused's body or an33
object and the genitals or anus of a child;34
(3)(C) Any crime that involves contact between the genitals or anus of the accused and35
any part of the body of a child; or36
(4)(D) Any crime that involves deriving sexual pleasure or gratification from the37
infliction of death, bodily injury, or physical pain on a child."38
SECTION 2.39
All laws and parts of laws in conflict with this Act are repealed.40