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