2025 Georgia Codes – Page 179

Amended 2024
[Note: The 2024 amendment to this section consisted solely of technical, nonsubstantive corrections.]
(a) As used in this Code section, the term:
(1) “Commercial social networking website” includes any website, application, portal, or other means of
accessing the internet that:
(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;
(B) Allows users to create personal web pages or profiles that contain the user’s name or nickname, photo-
graphs of the user, and other personal information; and
(C) Provides users or visitors a mechanism by which to communicate with others, such as a message board,
chat room, or instant messenger.
Such term shall not include a website that is either owned or operated by a local, state, or federal govern-
mental entity or that has as its primary purpose the facilitation of commercial transactions, the dissemina-
tion of news, the discussion of political or social issues, or professional networking.
(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.
(b) It shall be unlawful for any high-risk sex offender to access or use any commercial social networking
website to:
(1) Communicate with a person who the offender believes is under 16 years of age;
(2) Contact a person who the offender believes is under 16 years of age;
(3) Pose falsely as a person under 16 years of age; or
(4) Gather information about a person who the offender believes is under 16 years of age.
(c) 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.
(d) 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.
(e) This Code section shall be severable in accordance with Code Section 1-1-3, relating to severability.

Added 2024
(a) As used in this Code section, the term:
(1) “Computer” has the same meaning as provided in Code Section 16-9-92.
(2) “Electronic device” has the same meaning as provided in Code Section 16-12-100.2.
(3) “Minor” means any person under the age of 18 years.
(4) “Pattern of conduct or communication” means a pattern of conduct composed of a series of acts over
a period of time, however short, evidencing a continuity of purpose.
(5) “Sexual offense” has the same meaning as provided in Code Section 17-10-6.2.
(6) “Sexual servitude” has the same meaning as provided in Code Section 16-5-46.
(b) A person over the age of 18 and no less than 48 months older than the alleged victim commits the
offense of grooming of a minor when such person knowingly and intentionally engages in a pattern of
conduct or communication in person; through a third party; through the use of an electronic device, a
computer, social media, or text messages; or by any other means to gain access to, to gain the compliance
of, to prepare, to persuade, to induce, or to coerce a minor to engage in a sexual offense or trafficking of
persons for sexual servitude.
(c) Any person who violates this Code section shall be guilty of a felony and punished by imprisonment for
not less than one nor more than five years.
(d) It shall not be a defense to prosecution under this Code section that no sexual offense or trafficking of
persons for sexual servitude was accomplished or attempted.
(e) 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 which the person engages in while:
(1) Either within or outside of this state if such conduct involves a minor who resides in this state or
another person believed by such person to be a minor residing in this state; or
(2) Within this state if such conduct involves a minor who resides within or outside this state or another
person believed by such person to be a minor residing within or outside this state.