The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the States official web
site and consult the Bound Volumes of the States Statutes for more
information.
A person shall not be
considered or found guilty of a crime unless he has attained the age of 13
years at the time of the act, omission, or negligence constituting the crime.
(a) This Code section
shall be known and may be cited as the 'Computer Pornography and Child
Exploitation Prevention Act of 1999.'
(b) As used in this
Code section, the term:
(1) 'Child' means any
person under the age of 16 years.
(2) 'Identifiable
child' means a person:
(A) Who was a child at
the time the visual depiction was created, adapted, or modified or whose image
as a child was used in creating, adapting, or modifying the visual depiction;
and
(B) Who is recognizable
as an actual person by the persońs face, likeness, or other
distinguishing characteristic, such as a unique birthmark or other recognizable
feature or by electronic or scientific means as may be available.
The term shall not be
construed to require proof of the actual identity of the child.
(3) 'Sadomasochistic
abuse' has the same meaning as provided in Code Section 16-12-100.1.
(4) 'Sexual conduct'
has the same meaning as provided in Code Section 16-12-100.1.
(5) 'Sexual excitement'
has the same meaning as provided in Code Section 16-12-100.1.
(6) 'Sexually explicit
nudity' has the same meaning as provided in Code Section 16-12-102.
(7) 'Visual depiction'
means any image and includes undeveloped film and video tape and data stored on
computer disk or by electronic means which is capable of conversion into a
visual image or which has been created, adapted, or modified to show an
identifiable child engaged in sexually explicit conduct.
(c)(1) A person
commits the offense of computer pornography if such person intentionally or
willfully:
(A) Compiles, enters
into, or transmits by means of computer;
(B) Makes, prints,
publishes, or reproduces by other computerized means;
(C) Causes or allows to
be entered into or transmitted by means of computer; or
(D) Buys, sells,
receives, exchanges, or disseminates any notice, statement, or advertisement,
or any child́s name, telephone number, place of residence, physical
characteristics, or other descriptive or identifying information for the
purpose of offering or soliciting sexual conduct of or with an identifiable
child or the visual depiction of such conduct.
(2) Any person
convicted of violating paragraph (1) of this subsection shall be punished by a
fine of not more than $10,000.00 and by imprisonment for not less than one nor
more than 20 years.
(d)(1) It shall be
unlawful for any person intentionally or willfully to utilize a computer
on-line service or Internet service, including but not limited to a local
bulletin board service, Internet chat room, e-mail, or on-line messaging
service to seduce, solicit, lure, or entice, or attempt to seduce, solicit,
lure, or entice a child or another person believed by such person to be a child
to commit any illegal act described in Code Section 16-6-2, relating to the
offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the
offense of child molestation or aggravated child molestation; Code Section
16-6-5, relating to the offense of enticing a child for indecent purposes; or
Code Section 16-6-8, relating to the offense of public indecency or to engage
in any conduct that by its nature is an unlawful sexual offense against a
child.
(2) Any person who
violates paragraph (1) of this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one nor
more than 20 years and by a fine of not more than $25,000.00; provided,
however, that, if at the time of the offense the victim was 14 or 15 years of
age and the defendant was no more than three years older than the victim, then
the defendant shall be guilty of a misdemeanor of a high and aggravated nature.
(e)(1) A person
commits the offense of obscene Internet contact with a child if he or she has
contact with someone he or she knows to be a child or with someone he or she
believes to be a child via a computer on-line service or Internet service,
including but not limited to a local bulletin board service, Internet chat
room, e-mail, or on-line messaging service, and the contact involves any matter
containing explicit verbal descriptions or narrative accounts of sexually
explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse
that is intended to arouse or satisfy the sexual desire of either the child or
the person, provided that no conviction shall be had for a violation of this
subsection on the unsupported testimony of a child.
(2) Any person who
violates paragraph (1) of this subsection 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 or by a fine of not more than $10,000.00; provided,
however, that, if at the time of the offense the victim was 14 or 15 years of
age and the defendant was no more than three years older than the victim, then
the defendant shall be guilty of a misdemeanor of a high and aggravated nature.
(f)(1) It shall be
unlawful for any owner or operator of a computer on-line service, Internet
service, or local bulletin board service intentionally or willfully to permit a
subscriber to utilize the service to commit a violation of this Code section,
knowing that such person intended to utilize such service to violate this Code
section. No owner or operator of a public computer on-line service, Internet
service, or local bulletin board service shall be held liable on account of any
action taken in good faith in providing the aforementioned services.
(2) Any person who
violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a
high and aggravated nature.
(g) The sole fact
that an undercover operative or law enforcement officer was involved in the
detection and investigation of an offense under this Code section shall not
constitute a defense to prosecution under this Code section.
(h) A person is
subject to prosecution in this state pursuant to Code Section 17-2-1, relating
to jurisdiction over crimes and persons charged with commission of crimes generally,
for any conduct made unlawful by this Code section which the person engages in
while either within or outside of this state if, by such conduct, the person
commits a violation of this Code section which involves a child who resides in
this state or another person believed by such person to be a child residing in
this state.
(i) Any violation of
this Code section shall constitute a separate offense.
(a) A person commits the offense of rape when he has carnal knowledge of:
(1) A female forcibly
and against her will; or
(2) A female who is
less than ten years of age.
Carnal knowledge in
rape occurs when there is any penetration of the female sex organ by the male
sex organ. The fact that the person allegedly raped is the wife of the
defendant shall not be a defense to a charge of rape.
(b) A person
convicted of the offense of rape shall be punished by death, by imprisonment
for life without parole, by imprisonment for life, or by imprisonment for not
less than ten nor more than 20 years. Any person convicted under this Code
section shall, in addition, be subject to the sentencing and punishment
provisions of Code Sections 17-10-6.1 and 17-10-7.
(c) When evidence
relating to an allegation of rape is collected in the course of a medical
examination of the person who is the victim of the alleged crime, the law
enforcement agency investigating the alleged crime shall be responsible for the
cost of the medical examination to the extent that expense is incurred for the
limited purpose of collecting evidence.
(a) A person commits
the offense of sodomy when he or she performs or submits to any sexual act
involving the sex organs of one person and the mouth or anus of another. A person
commits the offense of aggravated sodomy when he or she commits sodomy with
force and against the will of the other person or when he or she commits sodomy
with a person who is less than ten years of age. The fact that the person
allegedly sodomized is the spouse of a defendant shall not be a defense to a
charge of aggravated sodomy.
(b) A person
convicted of the offense of sodomy shall be punished by imprisonment for not
less than one nor more than 20 years. A person convicted of the offense of
aggravated sodomy shall be punished by imprisonment for life or by imprisonment
for not less than ten nor more than 30 years. Any person convicted under this
Code section of the offense of aggravated sodomy shall, in addition, be subject
to the sentencing and punishment provisions of Code Sections 17-10-6.1 and
17-10-7.
(c) When evidence
relating to an allegation of aggravated sodomy is collected in the course of a
medical examination of the person who is the victim of the alleged crime, the
law enforcement agency investigating the alleged crime shall be financially
responsible for the cost of the medical examination to the extent that expense
is incurred for the limited purpose of collecting evidence.
(a) A person commits
the offense of statutory rape when he or she engages in sexual intercourse with
any person under the age of 16 years and not his or her spouse, provided that
no conviction shall be had for this offense on the unsupported testimony of the
victim.
(b) A person convicted
of the offense of statutory rape shall be punished by imprisonment for not less
than one nor more than 20 years; provided, however, that if the person so
convicted is 21 years of age or older, such person shall be punished by
imprisonment for not less than ten nor more than 20 years; provided, further,
that if the victim is 14 or 15 years of age and the person so convicted is no
more than three years older than the victim, such person shall be guilty of a
misdemeanor.
(a) A person commits
the offense of child molestation when he or she does any immoral or indecent
act to or in the presence of or with any child under the age of 16 years with
the intent to arouse or satisfy the sexual desires of either the child or the
person.
(b) A person
convicted of a first offense of child molestation shall be punished by
imprisonment for not less than five nor more than 20 years. Upon such first
conviction of the offense of child molestation, the judge may probate the
sentence; and such probation may be upon the special condition that the
defendant undergo a mandatory period of counseling administered by a licensed
psychiatrist or a licensed psychologist. However, if the judge finds that such
probation should not be imposed, he or she shall sentence the defendant to
imprisonment; provided, further, that upon a defendantīs being incarcerated on
a conviction for such first offense, the Department of Corrections shall
provide counseling to such defendant. Upon a second or subsequent conviction of
an offense of child molestation, the defendant shall be punished by
imprisonment for not less than ten years nor more than 30 years or by
imprisonment for life; provided, however, that prior to trial, a defendant shall
be given notice, in writing, that the state intends to seek a punishment of
life imprisonment. Adjudication of guilt or imposition of sentence for a
conviction of a second or subsequent offense of child molestation, including a
plea of nolo contendere, shall not be suspended, probated, deferred, or
withheld.
(c) A person commits
the offense of aggravated child molestation when such person commits an offense
of child molestation which act physically injures the child or involves an act
of sodomy.
(d)(1) A person
convicted of the offense of aggravated child molestation 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 aggravated child molestation shall,
in addition, be subject to the sentencing and punishment provisions of Code
Sections 17-10-6.1 and 17-10-7.
(2) The court
sentencing a person who has been convicted of a first offense of aggravated
child molestation when the victim is 16 years of age or younger at the time of
the offense is authorized to require, before sentencing, that the defendant
undergo a psychiatric evaluation to ascertain whether or not
medroxyprogesterone acetate chemical treatment or its equivalent would be
effective in changing the defendantīs behavior. If it is determined by a
qualified mental health professional that such treatment would be effective,
the court may require, as a condition of probation and upon provisions arranged
between the court and the defendant, the defendant to undergo
medroxyprogesterone acetate treatment or its chemical equivalent which must be
coupled with treatment by a qualified mental health professional. In case of a
person sentenced to probation who is required to undergo such treatment or its
chemical equivalent and is in the custody of a law enforcement agency or
confined in a jail at the time of sentencing, when he or she becomes eligible
for probation, such person shall begin medroxyprogesterone acetate treatment
and counseling prior to his or her release from custody or confinement. A
person sentenced to probation who is required to undergo such treatment and who
is not in the custody of a law enforcement agency or confined in a jail at the
time of sentencing shall be taken into custody or confined until treatment can
begin. Additional treatment may continue after such defendantīs release from
custody or confinement until the defendant demonstrates to the court that such
treatment is no longer necessary. No such treatment shall be administered until
such person has been fully informed of the side effects of hormonal chemical
treatment and has consented to the treatment in writing. The administration of
the treatment shall conform to the procedures and conditions set out in
subsection (c) of Code Section 42-9-44.2.
(3) Any physician or
qualified mental health professional who acts in good faith in compliance with
the provisions of this Code section and subsection (c) of Code Section
42-9-44.2 in the administration of treatment or provision of counseling provided
for in this Code section shall be immune from civil or criminal liability for
his or her actions in connection with such treatment or counseling.
(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) A person
convicted of the offense of enticing a child for indecent purposes shall be
punished by imprisonment for not less than one nor more than 20 years. Upon a
first conviction of the offense of enticing a child for indecent purposes, the
judge may probate the sentence; and such probation may be upon the special
condition that the defendant undergo a mandatory period of counseling
administered by a licensed psychiatrist or a licensed psychologist. However, if
the judge finds that such probation should not be imposed, he shall sentence
the defendant to imprisonment. Upon a second or third conviction of such
offense, the defendant shall be punished by imprisonment for not less than five
years. For a fourth or subsequent conviction of the offense of enticing a child
for indecent purposes, the defendant shall be punished by imprisonment for 20
years. Adjudication of guilt or imposition of sentence for a conviction of a
third, fourth, or subsequent offense of enticing a child for indecent purposes,
including a plea of nolo contendere, shall not be suspended, probated,
deferred, or withheld.
(a) A person commits
the offense of incest when he engages in sexual intercourse with a person to
whom he knows he is related either by blood or by marriage as follows:
(1) Father and daughter
or stepdaughter;
(2) Mother and son or
stepson;
(3) Brother and sister
of the whole blood or of the half blood;
(4) Grandparent and
grandchild;
(5) Aunt and nephew; or
(6) Uncle and niece.
(b) A person
convicted of the offense of incest shall be punished by imprisonment for not less
than one nor more than 20 years.
(a) For the purposes
of this Code section, the term 'intimate parts' means the primary genital area,
anus, groin, inner thighs, or buttocks of a male or female and the breasts of a
female.
(b) A person commits
the offense of sexual battery when he intentionally makes physical contact with
the intimate parts of the body of another person without the consent of that
person.
(c) Except as
otherwise provided in this Code section, a person convicted of the offense of
sexual battery shall be punished as for a misdemeanor of a high and aggravated
nature.
(d) A person
convicted of the offense of sexual battery against any child under the age of
16 years shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than five years.
(a) For the purposes
of this Code section, the term 'foreign object' means any article or instrument
other than the sexual organ of a person.
(b) A person commits
the offense of aggravated sexual battery when he intentionally penetrates with
a foreign object the sexual organ or anus of another person without the consent
of that person.
(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(a) A prosecution for
murder may be commenced at any time.
(b) Prosecution for
other crimes punishable by death or life imprisonment must be commenced within
seven years after the commission of the crime except as provided by subsection
(c.1) of this Code section; provided, however, that prosecution for the
crime of forcible rape must be commenced within 15 years after the commission
of the crime.
(c) Prosecution for felonies
other than those specified in subsections (a), (b), and (c.1) of this Code
section must be commenced within four years after the commission of the crime,
provided that prosecution for felonies committed against victims who are at the
time of the commission of the offense under the age of 18 years must be
commenced within seven years after the commission of the crime.
(c.1) A prosecution for
the following offenses may be commenced at any time when deoxyribonucleic acid (DNA)
evidence is used to establish the identity of the accused:
(1) Armed robbery, as
defined in Code Section 16-8-41;
(2) Kidnapping,
as defined in Code Section 16-5-40;
(3) Rape, as
defined in Code Section 16-6-1;
(4) Aggravated
child molestation, as defined in Code Section 16-6-4;
(5) Aggravated
sodomy, as defined in Code Section 16-6-2; or
(6) Aggravated sexual battery, as defined in Code Section 16-6-22.2;
provided, however,
that a sufficient portion of the physical evidence tested for DNA is preserved
and available for testing by the accused and provided, further, that, if the
DNA evidence does not establish the identity of the accused, the limitation on
prosecution shall be as provided in subsections (b) and (c) of this Code
section.
(d) Prosecution for
misdemeanors must be commenced within two years after the commission of the
crime.
TITLE 16 --
CRIMES AND OFFENSES
THE FOLLOWING BILLS
WERE PASSED BY THE 2006 GENERAL
ASSEMBLY AND ARE
SUBJECT TO THE GOVERNOR'S VETO
Act 571; HB 1059
This
Act changes provisions throughout the O.C.G.A. that deal with sexual offenders,
punishment for sexual offenses, and registration and other requirements for
sexual offenders. The Act increases the mandatory minimum punishment for
certain serious sexual offenses from ten years to 25 years. The Act provides
for lesser punishment of certain sexual offenses committed by persons of
certain ages. The Act creates a new crime involving withholding information
concerning sexual offenders. The Act requires a split sentence for certain
sexual offenses. The Act allows the court, prosecuting attorney, or defendant
to request a reduced sentence under certain circumstances and provides for
appeal of this matter.
The Act reorganizes the State Sexual Offender Registry and changes
provisions relating to registration requirements, including a registration fee.
The Act provides duties and responsibilities for the sheriffs, Department of
Corrections, Georgia Bureau of Investigation, and sexual offenders. The Act
increases the duration for registration and provides a procedure for certain
sexual offenders to petition to be relieved of registration. The Act requires
the Sexual Offender Registration Review Board to classify sexual offenders and
provides a review process of such decisions. Sexually dangerous predators are
required to wear and pay for an electronic monitoring system for the balance of
their lives. The Act provides for residence, employment, and loitering
restrictions for sexual offenders.
The Act repeals provisions relating to chemical castration.
The Act amends O.C.G.A. Sections 5-6-34, 5-7-1, 16-5-21, 16-5-40,
16-5-41, 16-5-110, 16-6-1, 16-6-2,
16-6-3, 16-6-4, 16-6-5, 16-6-5.1, 16-6-22, 16-6-22.1, 16-6-22.2,
17-6-1, 17-10-1, 17-10-6.1, 17-10-30, 35-3-30, 42-1-12, 42-1-13, 42-8-35,
42-8-60, 42-9-39; enacts O.C.G.A. Sections 16-6-25, 17-10-6.2, 42-1-14, and
42-1-15; and repeals O.C.G.A. Sections 42-9-44.1 and 42-9-44.2.
Effective July 1, 2006.
TITLE 17 --
CRIMINAL PROCEDURE
THE FOLLOWING BILLS
WERE PASSED BY THE 2006 GENERAL
ASSEMBLY AND ARE
SUBJECT TO THE GOVERNOR'S VETO
Act 571; HB 1059
This Act changes provisions throughout the O.C.G.A. that deal with
sexual offenders, punishment for sexual offenses, and registration and other
requirements for sexual offenders. The Act increases the mandatory minimum
punishment for certain serious sexual offenses from ten years to 25 years. The
Act provides for lesser punishment of certain sexual offenses committed by
persons of certain ages. The Act creates a new crime involving withholding
information concerning sexual offenders. The Act requires a split sentence for
certain sexual offenses. The Act allows the court, prosecuting attorney, or
defendant to request a reduced sentence under certain circumstances and
provides for appeal of this matter.
The Act reorganizes the State Sexual Offender Registry and changes
provisions relating to registration requirements, including a registration fee.
The Act provides duties and responsibilities for the sheriffs, Department of
Corrections, Georgia Bureau of Investigation, and sexual offenders. The Act
increases the duration for registration and provides a procedure for certain
sexual offenders to petition to be relieved of registration. The Act requires
the Sexual Offender Registration Review Board to classify sexual offenders and
provides a review process of such decisions. Sexually dangerous predators are
required to wear and pay for an electronic monitoring system for the balance of
their lives. The Act provides for residence, employment, and loitering
restrictions for sexual offenders.
The Act repeals provisions relating to chemical castration.
The Act amends O.C.G.A. Sections 5-6-34, 5-7-1, 16-5-21, 16-5-40,
16-5-41, 16-5-110, 16-6-1, 16-6-2,
16-6-3, 16-6-4, 16-6-5, 16-6-5.1, 16-6-22, 16-6-22.1, 16-6-22.2,
17-6-1, 17-10-1, 17-10-6.1, 17-10-30, 35-3-30, 42-1-12, 42-1-13, 42-8-35,
42-8-60, 42-9-39; enacts O.C.G.A. Sections 16-6-25, 17-10-6.2, 42-1-14, and
42-1-15; and repeals O.C.G.A. Sections 42-9-44.1 and 42-9-44.2.
Effective July 1, 2006.
My email true_perspective@yahoo.com
Revised 06/06