16-12-100.4. Access or use of commercial social networking website by high-risk sex offenders; conviction; severability.

As used in this Code section, the term:#

1. (1)

   “Commercial social networking website” includes any website, application, portal, or other means of accessing the internet that:#

   1. (A)

      Is operated by a person that derives revenue from membership fees, advertising, or other sources related to the operation of the website, application, portal, or other means of accessing the internet;#

   2. (B)

      Allows users to create personal web pages or profiles that contain the user’s name or nickname, photographs of the user, and other personal information; and#

   3. (C)

      Provides users or visitors a mechanism by which to communicate with others, such as a message board, chat room, or instant messenger.#

   4. Such term shall not include a website that is either owned or operated by a local, state, or federal governmental entity or that has as its primary purpose the facilitation of commercial transactions, the dissemination of news, the discussion of political or social issues, or professional networking.

2. (2)

   “High-risk sex offender” means any individual who is registered with the state sexual offender registry and who has been classified as a sexually dangerous predator pursuant to Code Section 42-1-14.#

It shall be unlawful for any high-risk sex offender to access or use any commercial social networking website to:#

1. (1)

   Communicate with a person who the offender believes is under 16 years of age;#

2. (2)

   Contact a person who the offender believes is under 16 years of age;#

3. (3)

   Pose falsely as a person under 16 years of age; or#

4. (4)

   Gather information about a person who the offender believes is under 16 years of age.#

For purposes of determining jurisdiction, an offense shall be deemed to be committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state.#

Any person that violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years and by a fine of not more than $10,000.00.#

This Code section shall be severable in accordance with Code Section 1-1-3, relating to severability.#