Child pornography is a form of child sexual exploitation. Georgia has very stiff penalties for anyone involved in child pornography including production, distribution, importation, reception, or possession of any image of child pornography.
The following table highlights the main provisions of the Georgia child pornography laws. See Cyber Crimes, Sex Crimes, and Crimes Against Children for more information.
Distributing Obscene Materials: O.C.G.A. §16-12-80
Sexual Exploitation of Children: O.C.G.A §16-12-100
Electronically furnishing obscene material to minors: O.C.G.A §16-12-100.1
Computer Pornography and Child Exploitation Prevention Act of 1999: O.C.G.A §16-12-100.2
What is Prohibited
Distributing Obscene Materials: Knowingly distributing, sell, lending, publishing any material that is deemed to be “obscene.”
Employing, using, persuading, inducing, enticing, or coercing any minor to engage in in any sexually explicit conduct for the purpose of producing any visual medium depicting child pornography.
Illegal for any parent or guardian to allow a minor to engage in child pornography
Creating, reproducing, publishing, promoting, selling, distributing, giving, exhibiting, advertising, or possessing with intent to distribute any visual medium which depicts a minor or a portion of a minor’s body engaged in any sexually explicit conduct.
Bringing child pornography into the state of Georgia is illegal.
Knowingly possessing or controlling any child pornography is illegal.
Mandatory Reporting Requirement: The section requires anyone responsible for producing or processing visual or printed matter or anyone with reasonable knowledge that child pornography exists must report the violation to the Georgia Bureau of Investigation.
Failure to report the offense is a misdemeanor.
Electronically furnishing obscene material to minors: Deliberately furnishing a minor with obscene material by electronic means.
Computer Pornography and Child Exploitation Prevention Act of 1999: Making, transmitting or reproducing an image of a child, or receiving or exchanging details about a child including name or contact details for the purposes of sexual exploitation. Chat rooms, bulletin boards and e-mail are all specifically included as means of communication.
First Amendment Protections?
Child pornography is not protected speech covered by the First Amendment.
Definition of a “Minor”
A person under 18 years of age. For O.C.G.A §16-12-100.2 a child is considered anyone under the age of 16.
Definition of “Visual Medium”
Any film, photograph, negative, slide, magazine, or other visual medium
Definition of “Producing”Producing, Selling, Directing, Manufacturing, Issuing, or Publishing
Definition of “Obscene”
See O.C.G.A. §16-12-80 or consult an experienced attorney.
Mandatory State Sexual Offender Registry if Convicted?O.C.G.A. § 42-1-12, Yes for some crimes. See the statute for more information.
PenaltiesFelony or misdemeanor (including “high” and “aggravated” misdemeanors — depending on nature of the crime); prison or jail time, fines, asset forfeiture, restitution, probation
Federal Child Pornography Crimes
Child pornography is also a federal crime. Federal laws addressing child pornography are:
18 U.S.C. § 2251- Sexual Exploitation of Children
(production of child pornography)
18 U.S.C. § 2251A- Selling and Buying of Children
18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors (possession, distribution and receipt of child pornography)
18 U.S.C. § 2252A- Certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States