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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.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this part, the term:

  2. (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:#

    1. (A)

      Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;#

    2. (B)

      Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and#

    3. (C)

      Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.#

  3. (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:#

    1. (A)

      The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and#

    2. (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.#

  4. (3)

    “Minor” means a person less than 18 years of age.#

  5. (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.#

  6. (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.#

  7. (6)

    “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.#

  8. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.