Section 16-12-100 - Sexual exploitation of children; reporting violation; civil forfeiture; penalties(a) As used in this Code section, the term:(1) "Minor" means any person under the age of 18 years.(2) "Performance" means any play, dance, or exhibit to be shown to or viewed by an audience.(3) "Producing" means producing, directing, manufacturing, issuing, or publishing.(4) "Sexually explicit conduct" means actual or simulated:(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;(D) Lewd exhibition of the genitals or pubic area of any person;(E) Flagellation or torture by or upon a person who is nude;(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.(5) "Visual medium" means any film, photograph, negative, slide, magazine, or other visual medium.(b)(1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.(2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.(3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance.(4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance.(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute a visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.(6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange a medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased.(7) It is unlawful for any person knowingly to bring or cause to be brought into this state a material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.(8) It is unlawful for any person knowingly to possess or control a material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.(b.1) For any violation of paragraph (5), (6), (7), or (8) of subsection (b) of this Code section involving multiple visual mediums, mediums, or materials, each visual medium, medium, or material connected to such violation shall constitute a separate offense.(b.2) It shall not constitute a defense in a prosecution for a violation of this Code section that prior to or during the accused's creation, reproduction, publishing, promotion, selling, distributing, giving, exhibiting, possessing with the intent to sell or distribute, bringing or causing to be brought into this state, or possession or control of such visual medium that such visual medium was created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.(c) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the Georgia Bureau of Investigation or the law enforcement agency for the county in which such matter is submitted. Any person participating in the making of a report or causing a report to be made pursuant to this subsection or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this subsection is made in good faith.(d) 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;(2) Legitimate medical, scientific, or educational activities; or(3) Any person who creates or possesses a visual medium depicting only himself or herself engaged in sexually explicit conduct.(e)(1) As used in this subsection, the terms "proceeds" and "property" shall have the same meaning as set forth in Code Section 9-16-2.(2) Any property which is, directly or indirectly, used or intended to be used in any manner to facilitate a violation of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them.(3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.(f)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00; provided, however, that, if the person so convicted is a member of the immediate family of the victim, no fine shall be imposed. Any person punished as provided in this paragraph shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.(2) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor.(3) Any person who violates paragraph (1), (5), (7), or (8) of subsection (b) of this Code section shall be guilty of a misdemeanor if:(A) The minor depicted was at least 14 years of age at the time the visual medium was created;(B) The visual medium was created with the permission of the minor depicted; and(C) The defendant was 18 years of age or younger at the time of the offense and:(i) The defendant's violation of such paragraphs did not involve the distribution of such visual medium to another person; or(ii) In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation of such paragraphs involved the distribution of such visual medium to another person but such distribution was not for the purpose of: (I) Harassing, intimidating, or embarrassing the minor depicted; or(II) For any commercial purpose.(g)(1) As used in this subsection, the term "sexual felony" shall have the same meaning as set forth in Code Section 16-5-21.(2) Any person having been previously convicted of a sexual felony who is convicted of the felony offense of sexual exploitation of children shall be punished by imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. As a condition of probation, the court shall impose the requirement of electronic monitoring as set forth in paragraph (14) of subsection (a) of Code Section 42-8-35.Amended by 2024 Ga. Laws 701,§ 3, eff. 7/1/2024.Amended by 2024 Ga. Laws 491,§ 1, eff. 7/1/2024.Amended by 2023 Ga. Laws 347,§ 3-13, eff. 5/4/2023, app. to all offenses committed on and after 7/1/2023.Amended by 2022 Ga. Laws 648,§ 2, eff. 7/1/2022.Amended by 2017 Ga. Laws 194,§ 4, eff. 7/1/2017.Amended by 2015 Ga. Laws 98,§ 2-15, eff. 7/1/2015.Amended by 2013 Ga. Laws 206,§ 1, eff. 7/1/2013.Amended by 2003 Ga. Laws 216, § 2, eff. 6/2/2003.