HB671: HB671 Torts; right of action against any person who knowingly or negligently engages in sexually explicit conduct in the presence of a minor; provide

Currently, Georgia's tort law (the part of the law covering civil wrongs and lawsuits for damages) does not specifically address someone exposing a child to sexually explicit conduct or letting a child be present while it happens. This bill adds a new section to that law (O.C.G.A. § 51-1-58) creating a civil right to sue any person who knowingly or negligently engages in sexually explicit conduct or certain 'restricted sexual conduct' (like sexually provocative dances or descriptions) in front of a minor, or who lets, encourages, or requires a minor to be present while someone else does. It also lets the Department of Public Health fine or suspend the license of a hotel or food service establishment ($50,000 for a first violation, $100,000 for later ones) and lets the Department of Revenue suspend or revoke alcohol licenses for venues that admit a minor under these circumstances. The bill sets defenses, such as reasonable belief the minor was an adult, bars a 'parent was present' defense, allows winning plaintiffs to recover attorney's fees, and sets a four-year deadline to sue. It would apply to cases arising on or after July 1, 2025.

• Creates a new civil lawsuit right against anyone who knowingly or negligently engages in sexually explicit or 'restricted sexual conduct' in front of a minor.
• Creates civil liability for anyone who knowingly or negligently lets, encourages, or requires a minor to be present while another person engages in such conduct.
• Authorizes the Department of Public Health to fine hotels or food service establishments $50,000 for a first violation and $100,000 for repeat violations, or suspend or revoke their licenses.
• Authorizes the Department of Revenue to suspend or revoke the alcohol license of any establishment that admits a minor under these circumstances.
• Sets defenses to certain claims, such as reasonably believing the minor was 18 or older, and bars the defense that a parent or guardian was present.
• Lets a winning plaintiff recover court costs, litigation costs, and attorney's fees, and sets a four-year deadline to file suit.

Anyone who engages in or facilitates sexually explicit conduct around a minor, parents and minors who could sue, and businesses such as hotels, restaurants, food service establishments, and alcohol-licensed venues that could face state fines or lose their licenses if they allow such conduct on their premises.

The bill gives minors and their families a direct way to sue over exposure to sexually explicit conduct and adds financial and licensing consequences for businesses that allow it, potentially changing how hotels, restaurants, and bars monitor activity on their premises to avoid steep fines or losing their licenses.

• Section 1 adds new Code Section 51-1-58 to Chapter 1 of Title 51, defining 'minor,' 'restricted sexual conduct,' and 'sexually explicit conduct' by reference to existing criminal code definitions.
• Subsections (b) through (e) create civil liability for engaging in sexually explicit or restricted sexual conduct in front of a minor, or allowing a minor to be present for it.
• Subsection (f) empowers the Department of Public Health to fine hotels and food service establishments $50,000 for a first violation and $100,000 for later violations, or suspend/revoke their licenses, and empowers the Department of Revenue to act against alcohol licenses.
• Subsection (g) provides defenses limited to claims under subsections (d) and (e), including reasonable belief the minor was an adult or presentation of an ID suggesting adulthood.
• Subsection (h) states that a parent or guardian's presence is not a defense to any claim under the section.
• Subsection (i) allows a prevailing plaintiff to recover court costs, litigation costs, and reasonable attorney's fees.
• Subsection (j) sets a four-year statute of limitations from when the cause of action accrued.
• Section 2 makes the Act apply to causes of action accruing on or after July 1, 2025.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-03-04House Committee Favorably Reported By Substitute (House)
3. 2025-03-03House Second Readers (House)
4. 2025-02-28House First Readers (House)
5. 2025-02-27House Hopper (House)

• Carmen Rice (R, HD-139)Primary sponsor
• Tim Fleming (R, HD-114)
• Lauren McDonald (R, HD-026)
• Trey Kelley (R, HD-016)
• Tyler Smith (R, HD-018)
• Carter Barrett (R, HD-024)

• child protection
• civil lawsuits
• business licensing
• public health regulation
• sexual conduct laws