Georgia 2023-2024 Regular Session

Georgia House Bill HB993 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 HB 993/AP
2		-	House Bill 993 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Powell of the 33
4		-	rd
5		-	, Smith of the 18
6		-	th
7		-	, Ridley of the 6
8		-	th
9		-	, McCollum of the
10		-	30
11		-	th
12		-	, Collins of the 71
13		-	st
14		-	, and others
	1	+	24 LC 57 0121S
	2	+	The Senate Committee on Judiciary offered the following
	3	+	substitute to HB 993:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia
18		-	1
	6	+	To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia1
19	7		Annotated, relating to offenses related to minors generally, so as to provide for limitations2
20	8		of defense that a sexually exploitive visual medium is digitally altered for the offense of3
21	9		sexual exploitation of children; to provide for the offense of grooming a minor; to provide4
22	10		for definitions; to provide for a penalty; to prohibit a certain defense; to provide for venue5
23	11		for certain conduct involving a minor; to provide for related matters; to repeal conflicting6
24	12		laws; and for other purposes.7
25	13		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	14		SECTION 1.9
27	15		Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,10
28	16		relating to offenses related to minors generally, is amended by adding a new subsection to11
29	17		Code Section 16-12-100, relating to sexual exploitation of children, reporting violation, civil12
30	18		forfeiture, and penalties, to read as follows:13
31		-	"(b.2) It shall not constitute a defense in a prosecution for a violation of this Code section
32		-	14
	19	+	"(b.2) It shall not constitute a defense in a prosecution for a violation of this Code section14
33	20		that prior to or during the accused's creation, reproduction, publishing, promotion, selling,15
34	21		distributing, giving, exhibiting, possessing with the intent to sell or distribute, bringing or16
35		-	H. B. 993
36		-	- 1 - 24 HB 993/AP
	22	+	- 1 - 24 LC 57 0121S
37	23		causing to be brought into this state, or possession or control of such visual medium that17
38	24		such visual medium was created, adapted, or modified to appear that an identifiable minor18
39	25		is engaging in sexually explicit conduct."19
40	26		SECTION 2.20
41	27		Said part is further amended by adding a new Code section to read as follows:21
42	28		"16-12-100.5.22
43	29		(a) As used in this Code section, the term:23
44	30		(1) 'Computer' has the same meaning as provided in Code Section 16-9-92.24
45	31		(2) 'Electronic device' has the same meaning as provided in Code Section 16-12-100.2.25
46	32		(3) 'Minor' means any person under the age of 18 years.26
47	33		(4) 'Pattern of conduct or communication' means a pattern of conduct composed of a27
48	34		series of acts over a period of time, however short, evidencing a continuity of purpose.28
49	35		(5) 'Sexual offense' has the same meaning as provided in Code Section 17-10-6.2.29
50	36		(6) 'Sexual servitude' has the same meaning as provided in Code Section 16-5-46.30
51	37		(b) A person over the age of 18 and no less than 48 months older than the alleged victim31
52	38		commits the offense of grooming of a minor when such person knowingly and intentionally32
53	39		engages in a pattern of conduct or communication in person; through a third party; through33
54	40		the use of an electronic device, a computer, social media, or text messages; or by any other34
55	41		means to gain access to, to gain the compliance of, to prepare, to persuade, to induce, or35
56	42		to coerce a minor to engage in a sexual offense or trafficking of persons for sexual36
57	43		servitude.37
58	44		(c) Any person who violates this Code section shall be guilty of a felony and punished by38
59	45		imprisonment for not less than one nor more than five years.39
60	46		(d) It shall not be a defense to prosecution under this Code section that no sexual offense40
61	47		or trafficking of persons for sexual servitude was accomplished or attempted.41
62		-	H. B. 993
63		-	- 2 - 24 HB 993/AP
	48	+	- 2 - 24 LC 57 0121S
64	49		(e) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-142
65	50		for any conduct made unlawful by this Code section which the person engages in while:43
66	51		(1) Either within or outside of this state if such conduct involves a minor who resides in44
67	52		this state or another person believed by such person to be a minor residing in this state;45
68	53		or46
69	54		(2) Within this state if such conduct involves a minor who resides within or outside this47
70	55		state or another person believed by such person to be a minor residing within or outside48
71	56		this state."49
72	57		SECTION 3.50
73	58		All laws and parts of laws in conflict with this Act are repealed.51
74		-	H. B. 993
75	59		- 3 -