24 LC 57 0030
Senate Bill 493
By: Senators Hatchett of the 50th, Kennedy of the 18th, Gooch of the 51st, Summers of the
13th, Strickland of the 17th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated,
1
relating to the sexual offender risk review board, so as to provide for additional penalties for2
registered sexual offenders convicted of photographing a minor without the consent of the3
minor's parent or guardian; to provide that such persons are prohibited from possessing,4
owning, or operating an unmanned aircraft system with the intent to photograph, observe,5
follow, or contact any person without his or her consent; to provide for criminal penalties;6
to provide for definitions; to provide for an effective date; to provide for applicability; to7
provide for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the11
sexual offender risk review board, is amended by revising Code Section 42-1-18, relating to12
photographing minor without consent of parent or guardian prohibited and penalty, as13
follows:14
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"42-1-18.
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(a) As used in this Code section, the term:
16
(1) 'Minor' shall have the same meaning as set forth in Code Section 42-1-12.17
(2) 'Photograph' means to create, capture, transmit, or record by electronic or other18
means a photographic image 'photograph' means to take any picture, film or digital19
photograph, motion picture film, videotape, or similar visual representation or image of20
a person.21
(3) 'Unmanned aircraft system' means a powered, aerial vehicle, not including a satellite,22
that:23
(A) Does not carry a human operator and is operated without the possibility of direct24
human intervention from within or on the vehicle;25
(B) Uses aerodynamic forces to provide vehicle lift;26
(C) Can fly autonomously or be piloted remotely;27
(D) Can be expendable or recoverable; and28
(E) Has the ability to photograph.29
(b)(1) No person required to register as a sexual offender pursuant to Code Section30
42-1-12 shall intentionally photograph a minor without the consent of the minor's parent31
or guardian.32
(c)(2) Any person who knowingly violates this Code section commits the offense of33
intentionally photographing a minor without the consent of such minor's parent or34
guardian in violation of paragraph (1) of this subsection shall, upon the first conviction35
thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished36
as provided by Code Section 17-10-4; provided, however, that, if a fine is imposed37
pursuant to Code Section 17-10-4, such fine shall not be less than $1,500.00.38
(3) Any person who commits the offense of intentionally photographing a minor without39
the consent of such minor's parent or guardian in violation of paragraph (1) of this40
subsection shall, upon a second or subsequent conviction thereof, be guilty of a felony41
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and shall be punished by imprisonment for not less than one nor more than 30 years and42
a fine of not less than $5,000.00 nor more than $100,000.00.43
(4) For the purpose of this subsection, the term 'conviction' shall include a plea of nolo44
contendere.45
(c)(1) No person required to register as a sexual offender pursuant to Code46
Section 42-1-12 shall knowingly possess, own, or operate an unmanned aircraft system47
with the intent to photograph, observe, follow, or contact any person without his or her48
consent.49
(2) Any person who commits the offense of knowingly possessing, owning, or operating50
an unmanned aircraft system with the intent to photograph, observe, follow, or contact51
any person without his or her consent in violation of paragraph (1) of this subsection shall52
be guilty of a felony and shall be punished by imprisonment for not less than ten nor53
more than 30 years and a fine of not less than $20,000.00 nor more than $100,000.00."54
SECTION 2.55
This Act shall become effective on July 1, 2024, and shall apply to all offenses committed56
on or after such date.57
SECTION 3.58
All laws and parts of laws in conflict with this Act are repealed.59
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