--- title: HB 671. Torts; right of action against any person who knowingly or negligently engages in sexually explicit conduct in the presence of a minor; provide collection: bills id: 2025-2026/hb671 cite_as: HB 671, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb671 md_url: https://georgiacommons.org/bills/2025-2026/hb671.md text_url: https://georgiacommons.org/bills/2025-2026/hb671/text source_url: https://www.legis.ga.gov/legislation/70972 date: 2025-04-04 status: introduced corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb670.md next: https://georgiacommons.org/bills/2025-2026/hb672.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 249 omitted_url: https://georgiacommons.org/bills/2025-2026/hb671.md?full=1 bill_number: HB 671 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-02-27 last_action: House Withdrawn, Recommitted sponsors: - Carmen Rice - Tim Fleming - Lauren McDonald - Trey Kelley - Tyler Smith - Carter Barrett text_version: Comm Sub has_text: true legiscan_url: https://legiscan.com/GA/bill/HB671/2025 upstream_id: 1987845 summaries_model: claude-sonnet-5 topic_tags: - child protection - civil lawsuits - business licensing - public health regulation - sexual conduct laws --- # HB 671. Torts; right of action against any person who knowingly or negligently engages in sexually explicit conduct in the presence of a minor; provide ## Text 25 LC 62 0160S The House Committee on Judiciary offers the following substitute to HB 671: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to1 general provisions as pertaining to torts, so as to provide for a right of action against any2 person who knowingly or negligently engages in restricted sexual conduct in the presence3 of a minor or who knowingly or negligently allows, permits, encourages, or requires a minor4 to be present while another engages in sexually explicit conduc t in the presence of such5 minor; to provide for the Department of Public Health and the Department of Revenue to fine6 or suspend or revoke certain business licenses where such establishment admits a minor to7 be present while another engages in sexually explicit conduct or restricted sexual conduct;8 to provide for penalties; to provide for defenses; to provide f or damages; to provide for9 limitations; to provide for definitions; to provide for applica bility; to provide for related10 matters; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general14 provisions as pertaining to torts , is amended by adding a new C ode section to read as15 follows:16 H. B. 671 (SUB) - 1 - 25 LC 62 0160S "51-1-58.17 (a) As used in this Code section, the term:18 (1) 'Minor' means any person under the age of 18 years.19 (2) 'Restricted sexual conduct' means:20 (A) Sexually explicit conduct and sexually explicit descriptio ns of sexually explicit21 conduct; or22 (B) Sexually provocative dances or gestures performed with sexually explicit nudity23 or sexual conduct as such terms are set forth in Code Section 16-12-102.24 (3) 'Sexually explicit conduct' shall have the same meaning as set forth in Code25 Section 16-12-100.26 (b) Any person who knowingly or negligently engages in sexually explicit conduct in the27 presence of a minor shall be liable for the injury or damages caused by or resulting from28 such engagement.29 (c) Any person who knowingly or negligently allows, permits, encourages, or requires a30 minor to be present while another engages in sexually explicit conduct in the presence of31 such minor shall be liable for the injury or damages caused by or resulting from such32 allowance, permission, encouragement, or requirement.33 (d) Any person who knowingly or negligently engages in restricted sexual conduct in the34 presence of a minor shall be liable for the injury or damages caused by or resulting from35 such engagement.36 (e) Any person who knowingly or negligently allows, permits, encourages, or requires a37 minor to be present while another engages in restricted sexual conduct in the presence of38 such minor shall be liable for the injury or damages caused by or resulting from such39 allowance, permission, encouragement, or requirement.40 (f)(1) The Department of Public Health may fine or suspend or revoke the license of any41 hotel, as defined in Code Section 3-9-10, or food service estab lishment if the hotel or42 food service establishment admits a minor to be present while a nother engages in43 H. B. 671 (SUB) - 2 - 25 LC 62 0160S sexually explicit conduct or restricted sexual conduct in violation of this Code section,44 which violation constitutes an immediate, serious threat to the public health, safety, and45 welfare. The Department of Public Health may issue a $50,000.0 0 fine for a first46 violation of this Code section and a $100,000.00 fine for a second or subsequent violation47 of this Code section.48 (2) The Department of Revenue is given full power and authority to suspend or revoke49 the license of any establishment holding a license for the sale of alcohol when it is50 determined that such establishment admitted a minor to be present while another engaged51 in sexually explicit conduct or restricted sexual conduct in violation of this Code section.52 (g) It shall be a complete defense to any action brought pursuant to subsection (d) or (e)53 of this Code section that:54 (1) The person accused had reasonable cause to believe the minor involved was 18 years55 of age or older; or56 (2) Such minor presented a driver's license, state issued iden tification card, birth57 certificate, passport, selective service card, or other officia l document to the accused58 purporting to establish that such minor was 18 years of age or older.59 (h) It shall not be a defens e to any action brought pursuant t o this Code section that the60 minor on whose behalf such action is brought was accompanied by his or her parent or61 legal guardian.62 (i) An individual who is the prevailing party in his or her action brought pursuant to this63 Code section shall be entitled to an award of court costs, costs of litigation, and reasonable64 attorney's fees.65 (j) Any action brought pursuant to this Code section shall be brought within four years66 after the cause of action has accrued."67 SECTION 2.68 This Act shall apply to causes of action accruing on or after July 1, 2025.69 H. B. 671 (SUB) - 3 - 25 LC 62 0160S SECTION 3.70 All laws and parts of laws in conflict with this Act are repealed.71 H. B. 671 (SUB) - 4 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. A Georgia House bill would let people sue anyone who exposes a minor to sexually explicit conduct, and would let state agencies fine or pull the licenses of hotels, restaurants, and bars that allow it. ### Plain-language summary 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. ยง 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Introduced (2025-02-27) - Last action: House Withdrawn, Recommitted (2025-04-04) - Sponsors: Carmen Rice, Tim Fleming, Lauren McDonald, Trey Kelley, Tyler Smith, Carter Barrett - Official page: https://www.legis.ga.gov/legislation/70972 > The history, votes, and amendments (249 characters) are at https://georgiacommons.org/bills/2025-2026/hb671.md?full=1