Official Code of Georgia Annotated
Title 16. CRIMES AND OFFENSES · Chapter 12. OFFENSES AGAINST PUBLIC HEALTH AND MORALS · Article 3. OBSCENITY AND RELATED OFFENSES · Part 3. SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS
16-12-102. Definitions.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
As used in this part, the term:
- (1)
“Harmful to minors” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:#
- (A)
Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;#
- (B)
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and#
- (C)
Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.#
- (2)
“Knowingly” means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:#
- (A)
The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and#
- (B)
The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor.#
- (3)
“Minor” means a person less than 18 years of age.#
- (4)
“Sadomasochistic abuse” means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude.#
- (5)
“Sexual conduct” means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is female, breasts.#
- (6)
“Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.#
- (7)
“Sexually explicit nudity” means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.#
History
Code 1981, § 16-12-102, enacted by Ga. L. 1983, p. 1437, § 2; Ga. L. 1984, p. 1495, § 3; Ga. L. 1996, p. 6, § 16.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t16-ch12-17-(v14b)-2024-pdf.pdf, Volume V14B, 2024 edition, pages 142 to 143; merge action: carried; file SHA-256 36dbab616896.