HB435: HB435 Crimes and offenses; sexual exploitation of children; expand limitations to include Division of Family and Children Services

Georgia's sexual exploitation of children law (O.C.G.A. § 16-12-100) makes it illegal to create, distribute, or possess sexually explicit images of minors. The law already exempts certain groups from that ban, including law enforcement and prosecutors investigating crimes, people conducting legitimate medical, scientific, or educational work, and people who create images only of themselves. This bill adds a fourth exemption: staff members of the Division of Family and Children Services (DFCS), Georgia's child welfare agency, when they are performing their official duties. The change is made in Section 1 by revising subsection (d) of the code section. Section 2 repeals any conflicting laws. The bill does not change the underlying criminal offense or its penalties, only who is exempt from the ban described in subsection (b).

• Adds a new exemption to Georgia's sexual exploitation of children law (O.C.G.A. § 16-12-100) for DFCS staff acting in their official duties.
• Leaves the existing exemptions in place for law enforcement, prosecutors, medical and scientific and educational work, and self-created images.
• Does not change the criminal penalties or definitions elsewhere in the statute, only the list of who is exempt from subsection (b)'s prohibitions.
• Repeals any other Georgia laws that conflict with this change.

Division of Family and Children Services staff who may encounter sexually explicit images of minors while handling child welfare cases, as well as prosecutors and courts applying Georgia's child exploitation law in cases involving DFCS records or evidence.

DFCS caseworkers sometimes handle files or evidence involving child abuse investigations that could otherwise fall under the same law that criminalizes possessing sexual images of children. This exemption clarifies that doing so as part of their official job would not expose them to prosecution.

• Section 1 revises subsection (d) of O.C.G.A. § 16-12-100 to add a new exemption for 'Any staff member of the Division of Family and Children Services in the performance of his or her official duties.'
• The existing exemptions for law enforcement investigations, legitimate medical/scientific/educational activities, and self-created images remain unchanged in the same subsection.
• Section 2 repeals any conflicting laws, a standard clause with no substantive effect on its own.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-02-20House Committee Favorably Reported (House)
3. 2025-02-18House Second Readers (House)
4. 2025-02-13House First Readers (House)
5. 2025-02-12House Hopper (House)

• Mandi Ballinger (R, HD-023)Primary sponsor
• Beth Camp (R, HD-135)
• Carmen Rice (R, HD-139)
• Angie O'Steen (R, HD-169)
• Karen Mathiak (R, HD-082)
• Kimberly New (R, HD-040)

• child exploitation law
• DFCS
• child welfare
• criminal law exemptions