Georgia § 16-11-40-1 Definitions; identification of minors; criminal offense

Georgia Statutes

§ 16-11-40-1 — Definitions; identification of minors; criminal offense

Georgia § 16-11-40-1

Title16

This text of Georgia § 16-11-40-1 (Definitions; identification of minors; criminal offense) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 16-11-40-1 (2026).

Text

(a)As used in this Code section, the term:

(1)"Minor" means an individual who is under the age of 18 years.

(2)"Nudity" shall have the same meaning as set forth in Code Section 16-11-90 .

(3)"Obscene depiction" means a visual depiction of an individual displaying nudity or sexually explicit conduct.

(4)"Sexually explicit conduct" shall have the same meaning as set forth in Code Section 16-12-100 .

(b)No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such identification shall include, without limitation, the minor's name, address, telephone number, e-mail address, username, or other electronic identification. Such identification

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(a) As used in this Code section, the term: (1) "Minor" means an individual who is under the age of 18 years. (2) "Nudity" shall have the same meaning as set forth in Code Section 16-11-90 . (3) "Obscene depiction" means a visual depiction of an individual displaying nudity or sexually explicit conduct. (4) "Sexually explicit conduct" shall have the same meaning as set forth in Code Section 16-12-100 . (b) No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such identification shall include, without limitation, the minor's name, address, telephone number, e-mail address, username, or other electronic identification. Such identification shall also include the electronic imposing of the facial image of a minor onto an obscene depiction. (c) Any person convicted of violating this Code section shall be guilty of a misdemeanor; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both. (d) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this Code section in which such person engages while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides in this state; or (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides within or outside this state. (e) The provisions of subsection (b) of this Code section shall not apply to: (1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or (2) An image and identification made pursuant to or in anticipation of a civil action. (f) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.