2025 Georgia Codes – Page 176

(a) As used in this Code section, the term:
(1) “Bulletin board system” means a computer data and file service that is accessed wirelessly or by physical
connection to store and transmit information.
(2) “CD-ROM” means a compact disc with read only memory which has the capacity to store audio, video,
and written materials and is used by computers to reveal the above-said material.
(3) “Electronically furnishes” means:
(A) To make available by electronic storage device, including floppy disks and other magnetic storage
devices, or by CD-ROM; or
(B) To make available by allowing access to information stored in a computer, including making material
available by operating a computer bulletin board system.
(4) “Harmful to minors” means that quality of description or representation, in whatever form, of nudity,
sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;
(B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is
suitable material for minors; and
(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
(5) “Minor” means an unmarried person younger than 18 years of age.
(6) “Sadomasochistic abuse” means flagellation or torture by or upon a person who is nude or clad in under-
garments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physi-
cally restrained on the part of one so clothed.
(7) “Sexual conduct” means human masturbation, sexual intercourse, or any touching of the genitals, pubic
areas, or buttocks of the human male or female or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals in an act of apparent sexual stimula-
tion or gratification.
(8) “Sexual excitement” means the condition of human male or female genitals or the breasts of the female
when in a state of sexual stimulation.
(b) A person commits the crime of electronically furnishing obscene materials to minors if:
(1) Knowing or having good reason to know the character of the material furnished, the person electronically
furnishes to an individual whom the person knows or should have known is a minor:
(A) Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a
human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is
harmful to minors; or
(B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this
paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excite-
ment, or sadomasochistic abuse;
(2) The offensive portions of the material electronically furnished to the minor are not merely an incidental
part of an otherwise nonoffending whole;
(3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific
value; and
(4) The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and
incites prurient interest.
(c) Except as provided in subsection (d) of this Code section, any person who violates this Code section shall
be guilty of a misdemeanor of a high and aggravated nature.
(d) Any person who violates this Code section shall be guilty of a misdemeanor if:
(1) At the time of the offense, the minor receiving the obscene materials was at least 14 years of age;
(2) The receipt of the materials was with the permission of the minor; and
(3) The defendant was 18 years of age or younger.

Amended 2024
[Note: The 2024 amendment to this section consisted solely of technical, nonsubstantive corrections.]
(a) This Code section shall be known and may be cited as the “Computer or Electronic Pornography and
Child Exploitation Prevention Act of 2007.”
(b) As used in this Code section, the term:
(1) “Child” means any person under the age of 16 years.
(2) “Electronic device” means any device used for the purpose of communicating with a child for sexual
purposes or any device used to visually depict a child engaged in sexually explicit conduct, store any image
or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child
for sexual purposes. Such term may include, but shall not be limited to, a computer, cellular phone, thumb
drive, video game system, or any other electronic device that can be used in furtherance of exploiting a
child for sexual purposes;
(3) “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 person’s face, likeness, or other distinguishing charac-
teristic, 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.
(4) “Sadomasochistic abuse” has the same meaning as provided in Code Section 16-12-100.1.
(5) “Sexual conduct” has the same meaning as provided in Code Section 16-12-100.1.
(6) “Sexual excitement” has the same meaning as provided in Code Section 16-12-100.1.
(7) “Sexually explicit nudity” has the same meaning as provided in Code Section 16-12-102.
(8) “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 or electronic pornography if such person intentionally or
willfully:
(A) Compiles, enters into, or transmits by computer or other electronic device;
(B) Makes, prints, publishes, or reproduces by other computer or other electronic device;
(C) Causes or allows to be entered into or transmitted by computer or other electronic device; or
(D) Buys, sells, receives, exchanges, or disseminates
any notice, statement, or advertisement, or any child’s name, telephone number, place of residence, physi-
cal 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) Except as provided in paragraphs (3) and (4) of this subsection, any person convicted of violating para-
graph (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.
(3) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor if:
(A) At the time of the offense, any identifiable child visually depicted was at least 14 years of age when the
visual depiction was created;
(B) The visual depiction was created with the permission of such child;
(C) The defendant possessed the visual depiction with the permission of such child; and
(D) The defendant was 18 years of age or younger at the time of the offense and:
(i) The defendant did not distribute the visual depiction to another person; or
(ii) In the court’s discretion, and when the prosecuting attorney and the defendant have agreed, if the
defendant’s violation involved the distribution of such visual depiction to another person but such distri-
bution was not for the purpose of:
(I) Harassing, intimidating, or embarrassing the minor depicted; or
(II) For any commercial purpose.
(4) The prohibition contained in paragraph (1) of this subsection shall not apply to any person who creates or
possesses a visual depiction of only himself or herself.
(d)(1) It shall be unlawful for any person intentionally or willfully to utilize a computer wireless service
or internet service, including, but not limited to, a local bulletin board service, internet chat room, email,
instant messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce,
solicit, lure, or entice a child, another person believed by such person to be a child, any person having cus-
tody or control of a child, or another person believed by such person to have custody or control of a child
to commit any illegal act by, with, or against a child as 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 at least 14 years
of age and the defendant was 18 years of age or younger, then the defendant shall be guilty of a misdemean-
or.
(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
wireless service or internet service, including, but not limited to, a local bulletin board service, internet chat
room, email, or instant messaging service, and the contact involves any matter containing explicit verbal
descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sado-
masochistic 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 at least 14 years
of age and the defendant was 18 years of age or younger, then the defendant shall be guilty of a misdemean-
or.
(f)(1) It shall be unlawful for any owner or operator of a computer online service, internet service, local bulle-
tin board service, or other electronic device that is in the business of providing a service that may be used to
sexually exploit a child to 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 online service, internet service, local bulletin board
service, or other electronic device that is in the business of providing a service that may be used to sexually
exploit a child shall be held liable on account of any action taken in good faith in providing the aforemen-
tioned 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:
(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code sec-
tion which involves a child who resides in this state or another person believed by such person to be a child
residing in this state; or
(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves
a child who resides within or outside this state or another person believed by such person to be a child
residing within or outside this state.
(i) Any violation of this Code section shall constitute a separate offense.