HB 671: Torts; right of action against any person who knowingly or negligently engages in sexually explicit conduct in the presence of a minor; provide

Georgia law currently has no specific civil lawsuit for exposing a child to sexual conduct or requiring the child to witness it. This bill adds a new section to Georgia's tort law (O.C.G.A. Title 51) creating that right of action. A person who knowingly or negligently engages in sexually explicit conduct, or certain other 'restricted sexual conduct' like sexually provocative dancing with nudity, in front of a minor could be sued for damages. So could anyone who allows, permits, encourages, or requires a minor to be present while someone else engages in that conduct. The bill also lets the Department of Public Health fine or suspend or revoke the license of a hotel or food service establishment where this happens, with fines of $50,000 for a first violation and $100,000 for repeat violations, and lets the Department of Revenue pull the alcohol license of any bar or restaurant involved. There are defenses if the accused reasonably believed the minor was an adult or was shown fake ID. Winning plaintiffs can recover attorney's fees, and lawsuits must be filed within four years. The changes would apply to conduct occurring on or after July 1, 2025.

• Creates a new civil lawsuit (tort) letting a minor or their representative sue anyone who knowingly or negligently engages in sexually explicit conduct in front of them.
• Extends liability to adults who allow, permit, encourage, or require a minor to witness another person's sexually explicit or restricted sexual conduct.
• Authorizes the Department of Public Health to fine hotels or food service establishments $50,000 for a first violation and $100,000 for later violations, or suspend or revoke their licenses.
• Gives the Department of Revenue power to suspend or revoke the alcohol license of any business that admits a minor to witness this conduct.
• Provides legal defenses if the accused reasonably believed the minor was 18 or older or was shown official ID claiming adulthood.
• Allows a winning plaintiff to recover court costs, litigation costs, and attorney's fees, and sets a four-year deadline to file suit.

Minors and their parents or guardians, adults accused of exposing children to sexual conduct, hotels and food service establishments licensed by the Department of Public Health, and bars or restaurants holding alcohol licenses regulated by the Department of Revenue.

Georgians who believe a child was exposed to sexual conduct would gain a direct path to sue for damages and recover attorney's fees, while businesses that host such events, including hotels, restaurants, and bars, would face steep new fines or the loss of their licenses.

• New Code Section 51-1-58(b) and (d) makes a person liable for damages if they knowingly or negligently engage in sexually explicit or 'restricted sexual conduct' in front of a minor.
• Subsections (c) and (e) extend liability to anyone who allows, permits, encourages, or requires a minor to be present while someone else engages in that conduct.
• Subsection (f) authorizes the Department of Public Health to fine hotels or food service establishments $50,000 for a first violation and $100,000 for repeat violations, or suspend or revoke their licenses; the Department of Revenue may suspend or revoke alcohol licenses for the same conduct.
• Subsection (g) creates a defense if the accused reasonably believed the minor was an adult or was shown a driver's license, ID card, birth certificate, passport, or similar document claiming adult age.
• Subsection (h) specifies that having a parent or guardian present is not a defense to a lawsuit under this section.
• Subsection (i) entitles a prevailing plaintiff to court costs, litigation costs, and reasonable attorney's fees.
• Subsection (j) sets a four-year statute of limitations from when the cause of action accrued.
• Section 2 makes the law apply only to causes of action accruing on or after July 1, 2025.

1. 2025-04-04House Withdrawn, Recommitted (Cámara de Representantes)
2. 2025-03-04House Committee Favorably Reported By Substitute (Cámara de Representantes)
3. 2025-03-03House Second Readers (Cámara de Representantes)
4. 2025-02-28House First Readers (Cámara de Representantes)
5. 2025-02-27House Hopper (Cámara de Representantes)

• Carmen Rice (R, HD-139)Patrocinador principal
• Tim Fleming (R, HD-114)
• Lauren McDonald (R, HD-026)
• Trey Kelley (R, HD-016)
• Tyler Smith (R, HD-018)
• Carter Barrett (R, HD-024)

• child protection
• civil lawsuits
• business licensing
• alcohol licenses
• sexual conduct laws