Georgia 2025-2026 Regular Session

Georgia House Bill HB671 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 62 0160S
2		-	The House Committee on Judiciary offers the following substitute to HB 671:
	1	+	25 LC 62 0135
	2	+	House Bill 671
	3	+	By: Representatives Rice of the 139
	4	+	th
	5	+	, Fleming of the 114
	6	+	th
	7	+	, McDonald III of the 26
	8	+	th
	9	+	, Kelley
	10	+	of the 16
	11	+	th
	12	+	, Smith of the 18
	13	+	th
	14	+	, and others
3	15		A BILL TO BE ENTITLED
4	16		AN ACT
5		-	To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to1
	17	+	To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to
	18	+	1
6	19		general provisions as pertaining to torts, so as to provide for a right of action against any2
7	20		person who knowingly or negligently engages in restricted sexual conduct in the presence3
8	21		of a minor or who knowingly or negligently allows, permits, encourages, or requires a minor4
9	22		to be present while another engages in sexually explicit conduct in the presence of such5
10		-	minor; to provide for the Department of ~~Public Health and the Department of~~ Revenue to ~~fine6~~
11		-	~~or suspend or revoke certain~~ business licenses where such establishment admits a minor ~~to7~~
12		-	~~be present while another~~ engages in sexually explicit conduct or restricted sexual conduct;8
13		-	~~to provide for penalties;~~ to provide for defenses; to provide for damages; to provide for9
14		-	~~limitations; to provide for~~ definitions; to provide for applicability; to provide for ~~related10~~
15		-	~~matters; to repeal conflicting~~ laws; and for other purposes.11
	23	+	minor; to provide for the Department of Revenue to fine or suspend or revoke certain6
	24	+	business licenses where such establishment admits a minor to be present while another7
	25	+	engages in sexually explicit conduct or restricted sexual conduct; to provide for penalties;8
	26	+	to provide for defenses; to provide for damages; to provide for limitations; to provide for9
	27	+	definitions; to provide for applicability; to provide for related matters; to repeal conflicting10
	28	+	laws; and for other purposes.11
16	29		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
17	30		SECTION 1.13
18	31		Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general14
19	32		provisions as pertaining to torts, is amended by adding a new Code section to read as15
20	33		follows:16
21		-	H. B. 671 ~~(SUB)~~
22		-	- 1 - 25 LC 62 ~~0160S~~
	34	+	H. B. 671
	35	+	- 1 - 25 LC 62 0135
23	36		"51-1-58.17
24	37		(a) As used in this Code section, the term:18
25	38		(1) 'Minor' means any person under the age of 18 years.19
26	39		(2) 'Restricted sexual conduct' means:20
27	40		(A) Sexually explicit conduct and sexually explicit descriptions of sexually explicit21
28	41		conduct; or22
29	42		(B) Sexually provocative dances or gestures performed with sexually explicit nudity23
30	43		or sexual conduct as such terms are set forth in Code Section 16-12-102.24
31		-	(3) 'Sexually explicit conduct' shall have the same meaning as set forth in ~~Code25~~
32		-	~~Section~~ 16-12-100.26
	44	+	(3) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section25
	45	+	16-12-100.26
33	46		(b) Any person who knowingly or negligently engages in sexually explicit conduct in the27
34	47		presence of a minor shall be liable for the injury or damages caused by or resulting from28
35	48		such engagement.29
36	49		(c) Any person who knowingly or negligently allows, permits, encourages, or requires a30
37	50		minor to be present while another engages in sexually explicit conduct in the presence of31
38	51		such minor shall be liable for the injury or damages caused by or resulting from such32
39	52		allowance, permission, encouragement, or requirement.33
40	53		(d) Any person who knowingly or negligently engages in restricted sexual conduct in the34
41	54		presence of a minor shall be liable for the injury or damages caused by or resulting from35
42	55		such engagement.36
43	56		(e) Any person who knowingly or negligently allows, permits, encourages, or requires a37
44	57		minor to be present while another engages in restricted sexual conduct in the presence of38
45	58		such minor shall be liable for the injury or damages caused by or resulting from such39
46	59		allowance, permission, encouragement, or requirement.40
47		-	(f)(1) The Department of ~~Public Health~~ may fine or suspend or revoke the license of any41
	60	+	(f)(1) The Department of Revenue may fine or suspend or revoke the license of any41
48	61		hotel, as defined in Code Section 3-9-10, or food service establishment if the hotel or42
49	62		food service establishment admits a minor to be present while another engages in43
50		-	H. B. 671 ~~(SUB)~~
51		-	- 2 - 25 LC 62 ~~0160S~~
	63	+	H. B. 671
	64	+	- 2 - 25 LC 62 0135
52	65		sexually explicit conduct or restricted sexual conduct in violation of this Code section,44
53	66		which violation constitutes an immediate, serious threat to the public health, safety, and45
54		-	welfare. The Department of ~~Public Health~~ may issue a $50,000.00 fine for a ~~first46~~
55		-	~~violation of~~ this Code section and a $100,000.00 fine for a second or subsequent ~~violation47~~
56		-	~~of this~~ Code section.48
	67	+	welfare. The Department of Revenue may issue a $50,000.00 fine for a first violation of46
	68	+	this Code section and a $100,000.00 fine for a second or subsequent violation of this47
	69	+	Code section.48
57	70		(2) The Department of Revenue is given full power and authority to suspend or revoke49
58	71		the license of any establishment holding a license for the sale of alcohol when it is50
59	72		determined that such establishment admitted a minor to be present while another engaged51
60	73		in sexually explicit conduct or restricted sexual conduct in violation of this Code section.52
61	74		(g) It shall be a complete defense to any action brought pursuant to subsection (d) or (e)53
62	75		of this Code section that:54
63	76		(1) The person accused had reasonable cause to believe the minor involved was 18 years55
64	77		of age or older; or56
65	78		(2) Such minor presented a driver's license, state issued identification card, birth57
66	79		certificate, passport, selective service card, or other official document to the accused58
67	80		purporting to establish that such minor was 18 years of age or older.59
68	81		(h) It shall not be a defense to any action brought pursuant to this Code section that the60
69	82		minor on whose behalf such action is brought was accompanied by his or her parent or61
70	83		legal guardian.62
71	84		(i) An individual who is the prevailing party in his or her action brought pursuant to this63
72	85		Code section shall be entitled to an award of court costs, costs of litigation, and reasonable64
73	86		attorney's fees.65
74	87		(j) Any action brought pursuant to this Code section shall be brought within four years66
75	88		after the cause of action has accrued."67
76	89		SECTION 2.68
77	90		This Act shall apply to causes of action accruing on or after July 1, 2025.69
78		-	H. B. 671 (SUB)
79		-	- 3 - 25 LC 62 0160S
80		-	SECTION 3.70
	91	+	H. B. 671
	92	+	- 3 - 25 LC 62 0135
	93	+	SECTION 3.
	94	+	70
81	95		All laws and parts of laws in conflict with this Act are repealed.71
82		-	H. B. 671 ~~(SUB)~~
	96	+	H. B. 671
83	97		- 4 -