HB636: HB636 Crimes and offenses; sexual offenses; revise penalties

Georgia law currently punishes several offenses defined in Code Sections 16-6-9 through 16-6-12 of Georgia's sexual offenses chapter (O.C.G.A. Chapter 6 of Title 16) with jail time as a misdemeanor or, for repeat violations of some offenses, a felony prison term of one to ten years. This bill rewrites the penalty section, O.C.G.A. § 16-6-13, so that instead of a jail sentence a judge would impose a fine, generally $75 for a first offense and $100 for a second or subsequent felony-level offense. The money collected from these fines would be routed through the Department of Human Services to the Safe Harbor for Sexually Exploited Children Fund Commission, a state fund that supports services for sexually exploited children. The bill also swaps the order of two cross-referenced code sections in the penalty list. It repeals any conflicting laws but does not include a stated future effective date beyond the standard process.

• Replaces jail or prison time with a flat fine for violations of Code Sections 16-6-9 through 16-6-12, Georgia's sexual offenses chapter (O.C.G.A. § 16-6-13).
• Sets the fine at $75 for a first offense under most of the affected code sections and $100 for a second or subsequent offense that would otherwise be a felony.
• Directs that all fines collected under this section be sent through the Department of Human Services to the Safe Harbor for Sexually Exploited Children Fund Commission.
• Removes language allowing judges to suspend, stay, or probate jail terms, since jail time is no longer the penalty structure for these violations.
• Reorders the cross-references to Code Sections 16-6-9 and 16-6-10 within the penalty list.

People charged or convicted under Georgia's sexual offenses statutes referenced in Code Sections 16-6-9 through 16-6-12, judges who impose these sentences, the Department of Human Services, and the Safe Harbor for Sexually Exploited Children Fund Commission, which would receive the collected fines.

People convicted of these specific offenses would face a set dollar fine instead of possible jail or prison time, changing both the punishment they experience and the deterrent effect of the law. The fine money would provide a funding stream for services aimed at sexually exploited children in Georgia.

• Section 1 rewrites subsection (a) of O.C.G.A. § 16-6-13, changing penalties for violations of Code Sections 16-6-9 through 16-6-12 from jail or prison terms to fines of $75 or $100.
• Section 1 requires that all fines collected under this subsection be made available to the Department of Human Services for the Safe Harbor for Sexually Exploited Children Fund Commission.
• Section 1 removes the prior judicial discretion to suspend, stay, or probate jail terms for these offenses, since jail time is replaced by a fine.
• Section 2 repeals all laws and parts of laws that conflict with the Act.

1. 2025-02-28House Second Readers (House)
2. 2025-02-27House First Readers (House)
3. 2025-02-26House Hopper (House)

• Mekyah McQueen (D, HD-061)Primary sponsor
• Eric Bell (D, HD-075)
• Bryce Berry (D, HD-056)
• Park Cannon (D, HD-058)
• Inga Willis (D, HD-055)

• sexual offenses
• criminal penalties
• child exploitation funding
• Georgia criminal code