16-6-5. Enticing a child for indecent purposes.

Active

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

(a)
A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.#
(b)
Except as provided in subsection (c) of this Code section, a person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of enticing a child for indecent purposes shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.#
(c)
If the victim is at least 14 but less than 16 years of age and the person convicted of enticing a child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.#
(d)
1. (1)
  As used in this subsection, the term “sexual felony” shall have the same meaning as set forth in paragraph (2) of subsection (j) of Code Section 16-5-21.#
2. (2)
  Any person having been previously convicted of a sexual felony who is convicted of the felony offense of enticing a child for indecent purposes shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.#

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

Ga. L. 1950, p. 387, § 2; Ga. L. 1953, Nov.-Dec. Sess., p. 408, § 2; Code 1933, § 26-2020, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1984, p. 1495, § 2; Ga. L. 1992, p. 6, § 16; Ga. L. 1992, p. 2131, § 1; Ga. L. 1995, p. 957, § 5; Ga. L. 2006, p. 379, § 12/HB 1059; Ga. L. 2023, p. 637, § 3-8/HB 188, effective May 4, 2023.

Amendments

The 2023 amendment, effective May 4, 2023, added subsection (d). See Editor’s notes for applicability.

Editor's notes

Ga. L. 2023, p. 637, § 1-1/HB 188, not codified by the General Assembly, provides: “This Act shall be known and may be cited as ‘Mariam’s Law.’” Ga. L. 2023, p. 637, § 7-1/HB 188, not codified by the General Assembly, provides, in part, that the punishment provisions of subsection (d) shall apply to all offenses committed on and after July 1, 2023.

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

Text read from t16-ch1-6-(v14)-pdf.pdf, Volume V14, 2019 edition, 2025 supplement, pages 183 to 184; merge action: replaced; file SHA-256 575f9121d25f.

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