23 LC 39 3676S
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The Senate Committee on Public Safety offered the following substitute to SB 36:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to1
penalties for violating Code Sections 16-6-9 through 16-6-12, so as to increase the penalty2
provisions relating to pimping and pandering; to provide for a definition; to provide for3
related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to penalties for7
violating Code Sections 16-6-9 through 16-6-12, is amended by revising subsections (a)8
and (b) as follows:9
"(a) Except as otherwise provided in subsection (b) of this Code section, a person10
convicted of violating:11
(1) Code Section 16-6-10 shall be punished as for a misdemeanor of a high and12
aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of13
imprisonment imposed may be suspended, stayed, or probated;14
(2) Code Section 16-6-9 shall be punished as for a misdemeanor;15
(3) Code Section 16-6-11 for a:16 23 LC 39 3676S
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(A) First offense shall be punished as for a misdemeanor of a high and aggravated17
nature, and at the sole discretion of the judge, all but 72 hours of any term of18
imprisonment imposed may be suspended, stayed, or probated guilty of a felony and19
shall be punished by a term of imprisonment of not less than one nor more than ten20
years; and21
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by22
a term of imprisonment of not less than one year nor more than ten years and shall be23
sentenced to a mandatory minimum term of imprisonment of one year and no portion24
of the mandatory minimum sentence imposed shall be suspended, stayed, or probated25
by the sentencing court; provided, however, that in the court's discretion, the court may26
depart from such mandatory minimum sentence when the prosecuting attorney and27
defendant have agreed to a sentence that is below such mandatory minimum; or28
(4) Code Section 16-6-12 for a:29
(A) First offense shall be punished as for a misdemeanor of a high and aggravated30
nature, and at the sole discretion of the judge, all but 72 hours of any term of31
imprisonment imposed may be suspended, stayed, or probated guilty of a felony and32
shall be punished by a term of imprisonment of not less than one nor more than ten33
years; and34
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by35
a term of imprisonment of not less than one year nor more than ten years and shall be36
sentenced to a mandatory minimum term of imprisonment of one year and no portion37
of the mandatory minimum sentence imposed shall be suspended, stayed, or probated38
by the sentencing court; provided, however, that in the court's discretion, the court may39
depart from such mandatory minimum sentence when the prosecuting attorney and40
defendant have agreed to a sentence that is below such mandatory minimum.41
(b)(1) For purposes of this subsection, the term 'victim of sexual exploitation' means a42
person 18 years of age or younger who performs or offers or consents to perform a sexual43 23 LC 39 3676S
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act, including, but not limited to, sexual intercourse or sodomy, for money or other items44
of value. Reserved.45
(2) A person convicted of any of the offenses enumerated in Code Sections 16-6-1046
through 16-6-12 when such offense involves the conduct of a person under the age of 1847
years shall victim of sexual exploitation for a:48
(A) First offense shall be guilty of a felony and shall be punished by imprisonment for49
a period of not less than ten nor more than 30 years and a fine of not more than50
$100,000.00; and51
(B) Second or subsequent offense shall be guilty of a felony and shall be punished by52
imprisonment for a period of not less than ten nor more than 30 years and a fine of not53
more than $100,000.00 and shall be sentenced to a mandatory minimum term of54
imprisonment of one year and no portion of the mandatory minimum sentence imposed55
shall be suspended, stayed, or probated by the sentencing court; provided, however, that56
in the court's discretion, the court may depart from such mandatory minimum sentence57
when the prosecuting attorney and defendant have agreed to a sentence that is below58
such mandatory minimum; and provided, further, that the mandatory minimum59
sentence provided for in this subparagraph shall not apply to the offenses enumerated60
in Code Section 16-6-10."61
SECTION 2.62
All laws and parts of laws in conflict with this Act are repealed.63