24 LC 48 1300S
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
AS PASSED
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 release from sexual offender registration7
requirements under certain circumstances; to amend Chapter 8 of Title 42 of the Official8
Code of Georgia Annotated, relating to probation, so as to provide for a possible term of9
probation; to provide for an effective date; to provide for applicability; to provide for related10
matters; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the14
sexual offender risk review board, is amended by revising Code Section 42-1-18, relating to15
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photographing minor without consent of parent or guardian prohibited and penalty, as
16
follows:17
"42-1-18.18
(a) As used in this Code section, the term:
19
(1) 'Minor' shall have the same meaning as set forth in Code Section 42-1-12.20
(2) 'Photograph' means to create, capture, transmit, or record by electronic or other21
means a photographic image 'photograph' means to take any picture, film or digital22
photograph, motion picture film, videotape, or similar visual representation or image of23
a person.24
(3) 'Unmanned aircraft system' means a powered, aerial vehicle, not including a satellite,25
that:26
(A) Does not carry a human operator and is operated without the possibility of direct27
human intervention from within or on the vehicle;28
(B) Uses aerodynamic forces to provide vehicle lift;29
(C) Can fly autonomously or be piloted remotely;30
(D) Can be expendable or recoverable; and31
(E) Has the ability to photograph.32
(b)(1) No person required to register as a sexual offender pursuant to Code Section33
42-1-12 shall intentionally photograph a minor without the consent of the minor's parent34
or guardian.35
(c)(2) Any person who knowingly violates this Code section commits the offense of36
intentionally photographing a minor without the consent of such minor's parent or37
guardian in violation of paragraph (1) of this subsection shall, upon the first conviction38
thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished39
as provided by Code Section 17-10-4; provided, however, that, if a fine is imposed40
pursuant to Code Section 17-10-4, such fine shall not be less than $1,500.00.41
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(3) Any person who commits the offense of intentionally photographing a minor without42
the consent of such minor's parent or guardian in violation of paragraph (1) of this43
subsection shall, upon a second or subsequent conviction thereof, be guilty of a felony44
and shall be punished by imprisonment for not less than one nor more than 30 years and45
a fine of not less than $5,000.00 nor more than $100,000.00.46
(4) For the purpose of this subsection, the term 'conviction' shall include a plea of nolo47
contendere.48
(c)(1) No person required to register as a sexual offender pursuant to Code49
Section 42-1-12 shall knowingly possess, own, or operate an unmanned aircraft system50
with the intent to photograph, observe, follow, or contact any particular person without51
his or her consent or photograph, observe, follow, or contact any person in a way that52
violates the person’s reasonable expectation of privacy.53
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony54
and shall be punished by imprisonment for not less than five nor more than ten years and55
a fine of not less than $20,000.00 nor more than $100,000.00."56
SECTION 2.57
Said article is further amended by revising Code Section 42-1-19, relating to petition for58
release from registration requirements, as follows:59
"42-1-19.60
(a) An individual required to register pursuant to Code Section 42-1-12 may petition a61
superior court for release from registration requirements and from any residency or62
employment restrictions of this article if the individual:63
(1) Has completed all prison, parole, supervised release, and probation for the offense64
which required registration pursuant to Code Section 42-1-12; and:65
(A) Is confined to a hospice facility, skilled nursing home, residential care facility for66
the elderly, or nursing home;67
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(B) Is totally and permanently disabled as such term is defined in Code Section
68
49-4-80; or
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(C) Is otherwise seriously physically incapacitated due to illness or injury; or70
(D) Has reached the age of 80 years;71
(2) Was sentenced for a crime that became punishable as a misdemeanor on or after72
July 1, 2006, and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F)73
of Code Section 17-10-6.2;74
(3) Is required to register solely because he or she was convicted of kidnapping or false75
imprisonment involving a minor and such offense did not involve a sexual offense against76
such minor or an attempt to commit a sexual offense against such minor. For purposes77
of this paragraph, the term 'sexual offense' means any offense listed in division78
(a)(10)(B)(i) or (a)(10)(B)(iv) through (a)(10)(B)(xix) of Code Section 42-1-12; or79
(4) Has completed all prison, parole, supervised release, and probation for the offense80
which required registration pursuant to Code Section 42-1-12 and meets the criteria set81
forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2; or82
(5) Was convicted of a sexual offense and required to register under the laws of another83
state or territory, under the laws of the United States, under the Uniform Code of Military84
Justice, or in a tribal court and:85
(A) Has completed all prison, parole, supervised release, and probation for the offense86
which required registration pursuant to Code Section 42-1-12 and meets the criteria set87
forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2; and88
(B) Has been removed from the registry in the other state or territory and can provide89
the court with documentation supporting the same.90
(b)(1) A petition for release pursuant to this Code section shall be filed in the superior91
court of the jurisdiction in which the individual was convicted; provided, however, that,92
if the individual was not convicted in this state, such petition shall be filed in the superior93
court of the county where the individual resides.94
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(2) Such petition shall be served on the district attorney of the jurisdiction where the
95
petition is filed, the sheriff of the county where the petition is filed, and the sheriff of the96
county where the individual resides. Service on the district attorney and sheriff may be97
had by mailing a copy of the petition with a proper certificate of service.98
(3) If a petition for release is denied, another petition for release shall not be filed within99
a period of two years from the date of the final order on a previous petition.100
(c)(1) An individual who meets the requirements of paragraph (1), (2), or (3) of101
subsection (a) of this Code section shall be considered for release from registration102
requirements and from residency or employment restrictions.103
(2) An individual who meets the requirements of paragraph (4) of subsection (a) of this104
Code section may be considered for release from registration requirements and from105
residency or employment restrictions only if:106
(A) Ten
Five years have elapsed since the individual completed all prison, parole,107
supervised release, and probation for the offense which required registration pursuant108
to Code Section 42-1-12; or and109
(B) The individual has been classified by the board as a Level I risk assessment110
classification, provided that, if the board has not done a risk assessment classification111
for such individual within the last five years, the court shall order such classification112
to be completed prior to considering the petition for release.113
(3) An individual who meets the requirements of paragraph (5) of subsection (a) of this114
Code section may be considered for release from registration requirements and from115
residency or employment restrictions only if:116
(A) Ten years have elapsed since the individual completed all prison, parole,117
supervised release, and probation for the offense which required registration pursuant118
to Code Section 42-1-12; and119
(B) The individual has been classified by the board as a Level I risk assessment120
classification, provided that, if the board has not done a risk assessment classification121
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for such individual within the last five years, the court shall order such classification122
to be completed prior to considering the petition for release.123
(d) In considering a petition pursuant to this Code section, the court may consider:124
(1) Any evidence introduced by the petitioner;125
(2) Any evidence introduced by the district attorney, board, or sheriff; and126
(3) Any other relevant evidence.127
(e) The court shall hold a hearing on the petition if requested by the petitioner.128
(f) The court may issue an order releasing the individual from registration requirements129
or residency or employment restrictions, in whole or part, if the court finds by a130
preponderance of the evidence that the individual does not pose a substantial risk of131
perpetrating any future dangerous sexual offense. The court may release an individual132
from such requirements or restrictions for a specific period of time. The court shall send133
a copy of any order releasing an individual from any requirements or restrictions to the134
sheriff and the district attorney of the jurisdiction where the petition is filed, to the sheriff135
of the county where the individual resides, to the Department of Corrections, to the136
Department of Community Supervision, and to the Georgia Bureau of Investigation."137
SECTION 3.138
Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is139
amended in subsection (b) of Code Section 42-8-35, relating to terms and conditions of140
probation and supervision, by striking "and" at the end of paragraph (3), replacing the period141
with "; and" at the end of paragraph (4), and adding a new paragraph to read as follows:142
"(5) Prohibited from possessing, owning, or operating an unmanned aircraft system as143
defined in Code Section 42-1-18."144
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SECTION 4.
145
This Act shall become effective on July 1, 2024, and shall apply to all offenses committed146
on or after such date.147
SECTION 5.148
All laws and parts of laws in conflict with this Act are repealed.149
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