(a) As used in this Code section, the term:
(1) "Minor" means an individual who is under the age of 18 years.
(2) "Nudity" shall have the same meaning as set forth in Code Section 16-11-90.
(3) "Obscene depiction" means a visual depiction of an individual displaying nudity or sexually explicit conduct.
(4) "Sexually explicit conduct" shall have the same meaning as set forth in Code Section 16-12-100.
(b) No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such identification shall include, without limitation, the minor's name, address, telephone number, e-mail address, username, or other electronic identification. Such identification shall also include the electronic imposing of the facial image of a minor onto an obscene depiction.
(c) Any person convicted of violating this Code section shall be guilty of a misdemeanor; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both.
(d) 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 in which such person engages while:
(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides in this state; or
(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides within or outside this state.
(e) The provisions of subsection (b) of this Code section shall not apply to:
(1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or
(2) An image and identification made pursuant to or in anticipation of a civil action.
(f) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.
Section: Previous 16-11-36 16-11-37 16-11-37.1 16-11-38 16-11-39 16-11-39.1 16-11-39.2 16-11-40 16-11-40.1 16-11-41 16-11-42 16-11-43 16-11-44 16-11-45 NextLast modified: October 14, 2016