2025 Georgia Codes – Page 174

(a) As used in this Code section, the term “dog” means any domestic canine.
(b) Any person who:
(1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in
fighting with another dog;
(2) For amusement or gain, causes any dog to fight with another dog or for amusement or gain, causes any
dogs to injure each other;
(3) Wagers money or anything of value on the result of such dogfighting;
(4) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection on any premises under
the ownership or control of such person or knowingly aids or abets any such act; or
(5) Knowingly promotes or advertises an exhibition of fighting with another dog
shall be guilty of a felony and, upon the first conviction thereof, shall be punished by imprisonment of not
less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment.
On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one
nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act or
omission in violation of this subsection shall constitute a separate offense.
(c) Any person who is knowingly present only as a spectator at any place for the fighting of dogs shall, upon
a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a second convic-
tion, such person shall be guilty of a felony and shall be punished by imprisonment of not less than one nor
more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a third or
subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than
ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation of this
subsection shall constitute a separate offense.
(d) Any dog subject to fighting may be impounded pursuant to the provisions of Code Sections 4-11-9.2
through 4-11-9.6.
(e) This Code section shall not prohibit, impede, or otherwise interfere with animal husbandry, training tech-
niques, competition, events, shows, or practices not otherwise specifically prohibited by law and shall not
apply to the following activities:
(1) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or recover wildlife
or any animal lawfully hunted under Title 27 or participating in hunting or fishing in accordance with the
provisions of Title 27 and rules and regulations promulgated pursuant thereto as such rules and regulations
existed on the date specified in Code Section 27-1-39;
(2) Owning, using, breeding, training, or equipping dogs to work livestock for agricultural purposes in
accordance with the rules and regulations of the Commissioner of Agriculture as such rules and regulations
existed on January 1, 2008;
(3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes; or
(4) Owning, using, breeding, training, or equipping any animal to control damage from nuisance or pest spe-
cies in and around structures or agricultural operations.

(a) A person commits the offense of distributing obscene material when he sells, lends, rents, leases, gives,
advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any descrip-
tion, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do
so, provided that the word “knowing,” as used in this Code section, shall be deemed to be either actual or
constructive knowledge of the obscene contents of the subject matter; and a person has constructive knowl-
edge of the obscene contents if he has knowledge of facts which would put a reasonable and prudent person
on notice as to the suspect nature of the material; provided, however, that the character and reputation of the
individual charged with an offense under this law, and, if a commercial dissemination of obscene material is
involved, the character and reputation of the business establishment involved may be placed in evidence by
the defendant on the question of intent to violate this law. Undeveloped photographs, molds, printing plates,
and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make
the obscenity patent or to disseminate it.
(b) Material is obscene if:
(1) To the average person, applying contemporary community standards, taken as a whole, it predominantly
appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion;
(2) The material taken as a whole lacks serious literary, artistic, political, or scientific value; and
(3) The material depicts or describes, in a patently offensive way, sexual conduct specifically defined in sub-
paragraphs (A) through (E) of this paragraph:
(A) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
(B) Acts of masturbation;
(C) Acts involving excretory functions or lewd exhibition of the genitals;
(D) Acts of bestiality or the fondling of sex organs of animals; or
(E) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.
(c) Any device designed or marketed as useful primarily for the stimulation of human genital organs is
obscene material under this Code section.
(d) Material not otherwise obscene may be obscene under this Code section if the distribution thereof, the
offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the
sake of their prurient appeal.
(e) It is an affirmative defense under this Code section that dissemination of the material was restricted to:
(1) A person associated with an institution of higher learning, either as a member of the faculty or a matricu-
lated student, teaching or pursuing a course of study related to such material; or
(2) A person whose receipt of such material was authorized in writing by a licensed medical practitioner or
psychiatrist.
(f) A person who commits the offense of distributing obscene material shall be guilty of a misdemeanor of a
high and aggravated nature.