§ 41-3-1 — "Sexually related charges" defined; establishment, maintenance, or use of building, structure, or place for sexually related activities; evidence of nuisance

(a) As used in this Code section, the term "sexually related charges" means a violation of Code Section 16-5-46 , 16-6-2 , 16-6-8 , 16-6-9 , 16-6-10 , 16-6-11 , 16-6-12 , 16-6-15 , or 16-6-16 when: (1) Returned in an indictment by a grand jury; or (2) Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under any first offender statute, a plea of nolo contendere, adjudication in an accountability court, or a dismissal as a result of successful completion of a pretrial diversion program. (b) Whosoever shall knowingly erect, establish, continue, maintain, use, own, or lease any building, structure, or place for the purposes of sexually related charges shall be guilty of maintaining a nuisance; and the building, structure, or place, and the ground itself in or upon which such sexually related charges occurred or were conducted, permitted, carried on, continued, or shall exist, and the furniture, fixtures, and other contents of such building or structure shall be deemed to be a nuisance and may be enjoined or otherwise abated as provided in this chapter. (c) The occurrence of either of the following shall be prima-facie evidence of the nuisance and the existence thereof: (1) A conviction, a plea of guilty under any first offender statute, a plea of nolo contendere, an adjudication in an accountability court, or a dismissal as a result of successful completion of a pretrial diversion program of the owner or operator of any building, structure, or place for any sexually related charges, based on conduct or an act or occurrence in or on the premises of such building, structure, or place; or (2) When the prosecuting attorney of the county in which the property is located notifies the owner in writing of two or more unrelated incidents of sexually related charges occurring within a 24 month period preceding such notice and, after the receipt of such notice and within 24 months of the first of the incidents resulting in a sexually related charge which is the subject of such notice, another additional unrelated incident occurs which results in a sexually related charge. (d) Any such sexually related charges which result directly from cooperation between the property owner or his or her agent and a law enforcement agency shall not be considered as evidence of a nuisance under this Code section. (e) The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies for sexually related nuisances.

Legislative History

Amended by 2019 Ga. Laws 30,§ 1-9, eff. 7/1/2019.