GEORGIA
GEORGIA CODE
TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES
O.C.G.A. § 16-6-8 (2007)
§ 16-6-8. Public indecency.
(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
(1) An act of sexual intercourse;
(2) A lewd exposure of the sexual organs;
(3) A lewd appearance in a state of partial or complete nudity; or
(4) A lewd caress or indecent fondling of the body of another person.
(b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor
except as provided in subsection (c) of this Code section.
(c) Upon a third or subsequent conviction for public indecency for the violation of
paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(d) For the purposes of this Code section only, “public place” shall include jails
and penal and correctional institutions of the state and its political subdivisions.
(e) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local
authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
§ 16-1-3. Definitions (excerpt – applies to § 16-6-8)
As used in this title, the term:
…
(15) “Public place” means any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor’s family or household.
16-12-100.2.
(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 “child” means any person under the age of 16 years.
(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 child’s 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 any 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 or by imprisonment for not less
than one nor more than 20 years, or both.
(d)(1) It shall be unlawful for any person intentionally or willfully to utilize a
computer on-line service, Internet service, or local bulletin board 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 misdemeanor of a high and aggravated nature.
(e)(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.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
(f) 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.
(g) 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.
(h) Any violation of this Code section shall constitute a separate offense.