HB 435: 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 certain sexually explicit images of children. The law already carves out exceptions so that some people do not face prosecution for handling such material in specific, legitimate contexts, including law enforcement investigating crimes, people conducting legitimate medical, scientific, or educational work, and a person who creates or possesses an image only of themselves. This bill adds a fourth exception: staff members of the Division of Family and Children Services (DFCS) who encounter such material while performing their official duties, such as investigating child abuse or neglect cases. The bill does not change any criminal penalties or other parts of the law; it only expands who is exempt from the ban described in subsection (b). It repeals any conflicting laws and does not state a delayed effective date.

• Adds Division of Family and Children Services (DFCS) staff members to the list of people exempt from prosecution under Georgia's child sexual exploitation material law when acting in their official duties.
• Leaves the existing exemptions in place for law enforcement and prosecution agencies, legitimate medical, scientific, or educational activities, and people who create or possess images only of themselves.
• Does not change any criminal penalties, definitions, or other sections of the underlying law (O.C.G.A. § 16-12-100).
• Repeals any other Georgia laws that conflict with this change.

DFCS caseworkers and other staff who may encounter sexually explicit images of children while investigating child abuse or neglect cases, as well as prosecutors and courts applying Georgia's child sexual exploitation law.

DFCS employees who come across explicit images of children during abuse investigations would be protected from prosecution under the same law that criminalizes possessing such material, similar to protections already given to police and medical or educational professionals.

• Section 1 revises subsection (d) of O.C.G.A. § 16-12-100 to add a new exemption category for DFCS staff performing official duties.
• The existing exemptions for law enforcement investigations, legitimate medical, scientific, or educational activities, and self-created images remain unchanged.
• Section 2 repeals any laws in conflict with the Act, a standard provision with no substantive effect beyond this bill's changes.

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-23)Primary sponsor
• Beth Camp (R, HD-135)
• Carmen Rice (R, HD-139)
• Angie O'Steen (R, HD-169)
• Karen Mathiak (R, HD-82)
• Kimberly New (R, HD-40)

• child protection
• sexual exploitation of children
• DFCS
• criminal law