24 LC 49 1847S
The Senate Committee on the Judiciary offered the following
substitute to SB 493:
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 amend Chapter 8 of Title 42 of the Official Code of Georgia7
Annotated, relating to probation, so as to provide for a possible term of probation; to provide8
for an effective date; to provide for applicability; to provide for related matters; to repeal9
conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the13
sexual offender risk review board, is amended by revising Code Section 42-1-18, relating to14
photographing minor without consent of parent or guardian prohibited and penalty, as15
follows:16
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"42-1-18.17
(a) As used in this Code section, the term:18
(1) 'Minor' shall have the same meaning as set forth in Code Section 42-1-12.19
(2) 'Photograph' means to create, capture, transmit, or record by electronic or other20
means a photographic image 'photograph' means to take any picture, film or digital21
photograph, motion picture film, videotape, or similar visual representation or image of22
a person.23
(3) 'Unmanned aircraft system' means a powered, aerial vehicle, not including a satellite,24
that:25
(A) Does not carry a human operator and is operated without the possibility of direct26
human intervention from within or on the vehicle;27
(B) Uses aerodynamic forces to provide vehicle lift;28
(C) Can fly autonomously or be piloted remotely;29
(D) Can be expendable or recoverable; and30
(E) Has the ability to photograph.31
(b)(1) No person required to register as a sexual offender pursuant to Code Section32
42-1-12 shall intentionally photograph a minor without the consent of the minor's parent33
or guardian.34
(c)(2) Any person who knowingly violates this Code section commits the offense of35
intentionally photographing a minor without the consent of such minor's parent or36
guardian in violation of paragraph (1) of this subsection shall, upon the first conviction37
thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished38
as provided by Code Section 17-10-4; provided, however, that, if a fine is imposed39
pursuant to Code Section 17-10-4, such fine shall not be less than $1,500.00.40
(3) Any person who commits the offense of intentionally photographing a minor without41
the consent of such minor's parent or guardian in violation of paragraph (1) of this42
subsection shall, upon a second or subsequent conviction thereof, be guilty of a felony43
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and shall be punished by imprisonment for not less than one nor more than 30 years and44
a fine of not less than $5,000.00 nor more than $100,000.00.45
(4) For the purpose of this subsection, the term 'conviction' shall include a plea of nolo46
contendere.47
(c)(1) No person required to register as a sexual offender pursuant to Code48
Section 42-1-12 shall knowingly possess, own, or operate an unmanned aircraft system49
with the intent to photograph, observe, follow, or contact any person without his or her50
consent.51
(2) Any person who commits the offense of knowingly possessing, owning, or operating52
an unmanned aircraft system with the intent to photograph, observe, follow, or contact53
any person without his or her consent in violation of paragraph (1) of this subsection shall54
be guilty of a felony and shall be punished by imprisonment for not less than ten nor55
more than 30 years and a fine of not less than $20,000.00 nor more than $100,000.00."56
SECTION 2.57
Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is58
amended in subsection (b) of Code Section 42-8-35, relating to terms and conditions of59
probation and supervision, by striking "and" at the end of paragraph (3), replacing the period60
with "; and" at the end of paragraph (4), and adding a new paragraph to read as follows:61
"(5) Prohibited from possessing, owning, or operating an unmanned aircraft system as62
defined in Code Section 42-1-18."63
SECTION 3.64
This Act shall become effective on July 1, 2024, and shall apply to all offenses committed65
on or after such date.66
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SECTION 4.67
All laws and parts of laws in conflict with this Act are repealed.68
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