Current through 2023-2024 Legislative Session Chapters 1-374, 376-386, 393, 394, 397, 398, 406-412, 414, 415, 421, 424, 427, 429, 430, 432-456, 460, 461, 471, 473, 475, 478, 480, 483, 484, 488, 490
Section 16-6-13 - Penalties for violating Code Sections 16-6-9 through 16-6-12(a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of violating: (1) Code Section 16-6-10 shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of imprisonment imposed may be suspended, stayed, or probated;(2) Code Section 16-6-9 shall be punished as for a misdemeanor;(3) Code Section 16-6-11 for a: (A) First offense shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 72 hours of any term of imprisonment imposed may be suspended, stayed, or probated; and(B) Second or subsequent offense shall be guilty of a felony and shall be punished by a term of imprisonment of not less than one year nor more than ten years; or(4) Code Section 16-6-12 for a: (A) First offense shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 72 hours of any term of imprisonment imposed may be suspended, stayed, or probated; and(B) Second or subsequent offense shall be guilty of a felony and shall be punished by a term of imprisonment of not less than one year nor more than ten years.(b)(2) A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person under the age of 18 years shall be guilty of a felony and shall be punished by imprisonment for a period of not less than ten nor more than 30 years and a fine of not more than $100,000.00.(3) Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.(c)(1) The clerk of the court in which a person is convicted of pandering shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.(d) In addition to any other penalty authorized under subsections (a) and (b) of this Code section, a person convicted of an offense enumerated in Code Sections 16-6-9 through 16-6-12 shall be fined $2,500.00 if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years.Amended by 2019 Ga. Laws 30,§ 1-7, eff. 7/1/2019.Amended by 2019 Ga. Laws 29,§ 1, eff. 7/1/2019.Amended by 2017 Ga. Laws 194,§ 3, eff. 7/1/2017.Amended by 2011 Ga. Laws 54,§ 2, eff. 7/1/2011.Amended by 2003 Ga. Laws 382, § 1.1, eff. 6/4/2003.Amended by 2001 Ga. Laws 19, § 4, eff. 3/30/2001.