HB 636: Crimes and offenses; sexual offenses; revise penalties

Georgia law currently punishes violations of Code Sections 16-6-9 through 16-6-12 (part of the chapter on sexual offenses) with jail time as a misdemeanor of a high and aggravated nature, or in some repeat cases with a felony prison sentence of one to ten years. House Bill 636 rewrites the penalty section, O.C.G.A. § 16-6-13, so that these violations are punished only with a fine instead of any term of imprisonment. First-time violations of 16-6-9, 16-6-10, and first offenses under 16-6-11 and 16-6-12 would carry a $75 fine. Second or later offenses under 16-6-11 and 16-6-12, which are currently felonies carrying up to ten years in prison, would instead carry a $100 fine. All fines collected would go to the Department of Human Services for the Safe Harbor for Sexually Exploited Children Fund Commission. The bill repeals any conflicting laws and does not state a separate effective date beyond the standard process.

• Removes jail time as a penalty for first-time violations of Code Sections 16-6-9 and 16-6-10, replacing it with a flat $75 fine.
• Removes felony prison sentences of one to ten years for second or subsequent violations of Code Sections 16-6-11 and 16-6-12, replacing them with a $100 fine.
• Sets a $75 fine for first offenses under Code Sections 16-6-11 and 16-6-12, down from a misdemeanor of a high and aggravated nature with possible jail time.
• Directs all fines collected under this revised penalty scheme to the Department of Human Services for the Safe Harbor for Sexually Exploited Children Fund Commission.
• Repeals any existing laws that conflict with these changes.

People charged or convicted under Georgia's sexual offense laws found in Code Sections 16-6-9 through 16-6-12, judges and prosecutors who currently impose jail or prison sentences for these offenses, and the Department of Human Services, which would receive the collected fine revenue for the Safe Harbor for Sexually Exploited Children Fund Commission.

People convicted of these offenses would no longer face jail or prison time, only fines of $75 or $100, a significant change from current law that allows up to ten years in prison for repeat offenses. The fine revenue would fund a state program supporting sexually exploited children instead of the state pursuing incarceration.

• Section 1 revises subsection (a) of O.C.G.A. § 16-6-13, which sets penalties for violating Code Sections 16-6-9 through 16-6-12.
• First offenses under 16-6-9 and 16-6-10 change from a jail-eligible misdemeanor of a high and aggravated nature to a $75 fine only.
• First offenses under 16-6-11 and 16-6-12 change from a jail-eligible misdemeanor of a high and aggravated nature to a $75 fine.
• Second or subsequent offenses under 16-6-11 and 16-6-12 change from a felony punishable by one to ten years in prison to a $100 fine.
• All collected fines under the revised penalties are directed to the Department of Human Services for the Safe Harbor for Sexually Exploited Children Fund Commission.
• Section 2 repeals all laws and parts of laws in 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-61)Primary sponsor
• Eric Bell (D, HD-75)
• Bryce Berry (D, HD-56)
• Park Cannon (D, HD-58)
• Inga Willis (D, HD-55)

• sexual offenses
• criminal penalties
• Georgia code amendments
• child exploitation fund
• sentencing reform