2025 Georgia Codes – Page 175

(a) A person commits the offense of distributing material depicting nudity or sexual conduct when he sends
unsolicited through the mail or otherwise unsolicited causes to be delivered material depicting nudity or
sexual conduct to any person or residence or office unless there is imprinted upon the envelope or container
of such material in not less than eight-point boldface type the following notice:
“Notice--The material contained herein depicts nudity or sexual conduct. If the viewing of such material
could be offensive to the addressee, this container should not be opened but returned to the sender.”
(b) As used within this Code section, the term:
(1) “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than
a full opaque covering or the depiction of covered male genitals in a discernibly turgid state.
(2) “Sexual conduct” means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physi-
cal contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is female,
breast.
(c) A person who commits the offense of distributing material depicting nudity or sexual conduct, upon con-
viction thereof, shall be punished by imprisonment for not less than one nor more than three years or by a
fine not to exceed $10,000.00, or both.

Amended 2024
(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;
(B) Bestiality;
(C) Masturbation;
(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 produc-
ing 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 por-
tion 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 mul-
tiple 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, exhibit-
ing, 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 com-
mercially, has reasonable cause to believe that the visual or printed matter submitted for processing or pro-
ducing 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 crimi-
nal 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 sexu-
ally 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 accor-
dance 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 per-
son 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.