16-11-40.1. Definitions; identification of minors; criminal offense.

As used in this Code section, the term:#

1. (1)

   ‘‘Minor’’ means an individual who is under the age of 18 years.#

2. (2)

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

3. (3)

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

4. (4)

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

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.#

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.#

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. (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. (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.#

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

1. (1)

   The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or#

2. (2)

   An image and identification made pursuant to or in anticipation of a civil action.#

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