---
title: O.C.G.A. § 16-11-40.1. Definitions; identification of minors; criminal offense.
collection: code
id: 16-11-40.1
cite_as: O.C.G.A. § 16-11-40.1 (2025)
canonical_url: https://georgiacommons.org/code/16-11-40.1
md_url: https://georgiacommons.org/code/16-11-40.1.md
text_url: https://georgiacommons.org/code/16-11-40.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch7-11-(v14a)-2018-pdf.pdf?sfvrsn=aecbfe9c_0#page=796
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / OFFENSES AGAINST PUBLIC ORDER AND SAFETY / OFFENSES AGAINST PUBLIC ORDER
---

# O.C.G.A. § 16-11-40.1. Definitions; identification of minors; criminal offense.

(a) As used in this Code section, the term:

(1) ‘‘Minor’’ means an individual who is under the age of 18 years.

(2) ‘‘Nudity’’ shall have the same meaning as set forth in Code Section 16-11-90.

(3) ‘‘Obscene depiction’’ means a visual depiction of an individual displaying nudity or sexually explicit conduct.

(4) ‘‘Sexually explicit conduct’’ shall have the same meaning as set forth in Code Section 16-12-100.

(b) No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such identification shall include, without limitation, the minor’s name, address, telephone number, e-mail address, username, or other electronic identification. Such identification shall also include the electronic imposing of the facial image of a minor onto an obscene depiction.

(c) Any person convicted of violating this Code section shall be guilty of a misdemeanor; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both.

(d) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this Code section in which such person engages while:

(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides in this state; or

(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides within or outside this state.

(e) The provisions of subsection (b) of this Code section shall not apply to:

(1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or

(2) An image and identification made pursuant to or in anticipation of a civil action.

(f) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.

## History

Code 1981, § 16-11-40.1, enacted by Ga. L. 2015, p. 1212, § 1A/SB 160.

## Cross References

Internet safety policies in public schools, § 20-2-324. Internet safety policies in public libraries, § 20-5-5.