Georgia CommonsHB 671: Torts; right of action against any person who knowingly or negligently engages in sexually explicit conduct in the presence of a minor; provide
Comm Sub version, the latest LegiScan holds · Last action April 4, 2025 · Introduced
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Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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 to general provisions as pertaining to torts, so as to provide for a right of action against any person who knowingly or negligently engages in restricted sexual conduct in the presence of a minor or who knowingly or negligently allows, permits, encourages, or requires a minor to be present while another engages in sexually explicit conduct in the presence of such minor; to provide for the Department of Public Health and the Department of Revenue to fine or suspend or revoke certain business licenses where such establishment admits a minor to be present while another engages in sexually explicit conduct or restricted sexual conduct; to provide for penalties; to provide for defenses; to provide for damages; to provide for limitations; to provide for definitions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions as pertaining to torts, is amended by adding a new Code section to read as follows:
"51-1-58.
(a) As used in this Code section, the term:
(1) 'Minor' means any person under the age of 18 years.
(2) 'Restricted sexual conduct' means:
(A) Sexually explicit conduct and sexually explicit descriptions of sexually explicit conduct; or
(B) Sexually provocative dances or gestures performed with sexually explicit nudity or sexual conduct as such terms are set forth in Code Section 16-12-102.
(3) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100.
(b) Any person who knowingly or negligently engages in sexually explicit conduct in the presence of a minor shall be liable for the injury or damages caused by or resulting from such engagement.
(c) Any person who knowingly or negligently allows, permits, encourages, or requires a minor to be present while another engages in sexually explicit conduct in the presence of such minor shall be liable for the injury or damages caused by or resulting from such allowance, permission, encouragement, or requirement.
(d) Any person who knowingly or negligently engages in restricted sexual conduct in the presence of a minor shall be liable for the injury or damages caused by or resulting from such engagement.
(e) Any person who knowingly or negligently allows, permits, encourages, or requires a minor to be present while another engages in restricted sexual conduct in the presence of such minor shall be liable for the injury or damages caused by or resulting from such allowance, permission, encouragement, or requirement.
(f)(1) The Department of Public Health may fine or suspend or revoke the license of any hotel, as defined in Code Section 3-9-10, or food service establishment if the hotel or food service establishment admits a minor to be present while another engages in sexually explicit conduct or restricted sexual conduct in violation of this Code section, which violation constitutes an immediate, serious threat to the public health, safety, and welfare. The Department of Public Health may issue a $50,000.00 fine for a first violation of this Code section and a $100,000.00 fine for a second or subsequent violation of this Code section.
(2) The Department of Revenue is given full power and authority to suspend or revoke the license of any establishment holding a license for the sale of alcohol when it is determined that such establishment admitted a minor to be present while another engaged in sexually explicit conduct or restricted sexual conduct in violation of this Code section.
(g) It shall be a complete defense to any action brought pursuant to subsection (d) or (e) of this Code section that:
(1) The person accused had reasonable cause to believe the minor involved was 18 years of age or older; or
(2) Such minor presented a driver's license, state issued identification card, birth certificate, passport, selective service card, or other official document to the accused purporting to establish that such minor was 18 years of age or older.
(h) It shall not be a defense to any action brought pursuant to this Code section that the minor on whose behalf such action is brought was accompanied by his or her parent or legal guardian.
(i) An individual who is the prevailing party in his or her action brought pursuant to this Code section shall be entitled to an award of court costs, costs of litigation, and reasonable attorney's fees.
(j) Any action brought pursuant to this Code section shall be brought within four years after the cause of action has accrued."
SECTION 2.
This Act shall apply to causes of action accruing on or after July 1, 2025.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.