25 LC 62 0160S
The House Committee on Judiciary offers the following substitute to HB 671:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to1
general provisions as pertaining to torts, so as to provide for a right of action against any2
person who knowingly or negligently engages in restricted sexual conduct in the presence3
of a minor or who knowingly or negligently allows, permits, encourages, or requires a minor4
to be present while another engages in sexually explicit conduct in the presence of such5
minor; to provide for the Department of Public Health and the Department of Revenue to fine6
or suspend or revoke certain business licenses where such establishment admits a minor to7
be present while another engages in sexually explicit conduct or restricted sexual conduct;8
to provide for penalties; to provide for defenses; to provide for damages; to provide for9
limitations; to provide for definitions; 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
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general14
provisions as pertaining to torts, is amended by adding a new Code section to read as15
follows:16
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"51-1-58.17
(a) As used in this Code section, the term:18
(1) 'Minor' means any person under the age of 18 years.19
(2) 'Restricted sexual conduct' means:20
(A) Sexually explicit conduct and sexually explicit descriptions of sexually explicit21
conduct; or22
(B) Sexually provocative dances or gestures performed with sexually explicit nudity23
or sexual conduct as such terms are set forth in Code Section 16-12-102.24
(3) 'Sexually explicit conduct' shall have the same meaning as set forth in Code25
Section 16-12-100.26
(b) Any person who knowingly or negligently engages in sexually explicit conduct in the27
presence of a minor shall be liable for the injury or damages caused by or resulting from28
such engagement.29
(c) Any person who knowingly or negligently allows, permits, encourages, or requires a30
minor to be present while another engages in sexually explicit conduct in the presence of31
such minor shall be liable for the injury or damages caused by or resulting from such32
allowance, permission, encouragement, or requirement.33
(d) Any person who knowingly or negligently engages in restricted sexual conduct in the34
presence of a minor shall be liable for the injury or damages caused by or resulting from35
such engagement.36
(e) Any person who knowingly or negligently allows, permits, encourages, or requires a37
minor to be present while another engages in restricted sexual conduct in the presence of38
such minor shall be liable for the injury or damages caused by or resulting from such39
allowance, permission, encouragement, or requirement.40
(f)(1) The Department of Public Health may fine or suspend or revoke the license of any41
hotel, as defined in Code Section 3-9-10, or food service establishment if the hotel or42
food service establishment admits a minor to be present while another engages in43
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sexually explicit conduct or restricted sexual conduct in violation of this Code section,44
which violation constitutes an immediate, serious threat to the public health, safety, and45
welfare. The Department of Public Health may issue a $50,000.00 fine for a first46
violation of this Code section and a $100,000.00 fine for a second or subsequent violation47
of this Code section.48
(2) The Department of Revenue is given full power and authority to suspend or revoke49
the license of any establishment holding a license for the sale of alcohol when it is50
determined that such establishment admitted a minor to be present while another engaged51
in sexually explicit conduct or restricted sexual conduct in violation of this Code section.52
(g) It shall be a complete defense to any action brought pursuant to subsection (d) or (e)53
of this Code section that:54
(1) The person accused had reasonable cause to believe the minor involved was 18 years55
of age or older; or56
(2) Such minor presented a driver's license, state issued identification card, birth57
certificate, passport, selective service card, or other official document to the accused58
purporting to establish that such minor was 18 years of age or older.59
(h) It shall not be a defense to any action brought pursuant to this Code section that the60
minor on whose behalf such action is brought was accompanied by his or her parent or61
legal guardian.62
(i) An individual who is the prevailing party in his or her action brought pursuant to this63
Code section shall be entitled to an award of court costs, costs of litigation, and reasonable64
attorney's fees.65
(j) Any action brought pursuant to this Code section shall be brought within four years66
after the cause of action has accrued."67
SECTION 2.68
This Act shall apply to causes of action accruing on or after July 1, 2025.69
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SECTION 3.70
All laws and parts of laws in conflict with this Act are repealed.71
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