2025 Georgia Codes – Page 29

(a) As used in this Code section, the term:
(1) “Child” means any individual who is under the age of 17 years or any individual who is under the age of
18 years who is alleged to be a dependent child or a child in need of services as such terms are defined in
Code Section 15-11-2.
(2) “Committed person” means any child or other person whose custody is entrusted to another individual by
authority of law.
(3) “Lawful custody” means that custody inherent in the natural parents, that custody awarded by proper
authority as provided in Code Section 15-11-133, or that custody awarded to a parent, guardian, or other
person by a court of competent jurisdiction.
(4) “Service provider” means an entity that is registered with the Department of Human Services pursuant to
Article 7 of Chapter 5 of Title 49 or a child welfare agency as defined in Code Section 49-5-12 or an agent
or employee acting on behalf of such entity or child welfare agency.
(b)(1) A person commits the offense of interference with custody when without lawful authority to do so, the
person:
(A) Knowingly or recklessly takes or entices any child or committed person away from the individual who
has lawful custody of such child or committed person;
(B) Knowingly harbors any child or committed person who has absconded; provided, however, that this
subparagraph shall not apply to a service provider that notifies the child’s parent, guardian, or legal custo-
dian of the child’s location and general state of well being as soon as possible but not later than 72 hours
after the child’s acceptance of services; provided, further, that such notification shall not be required if:
(i) The service provider has reasonable cause to believe that the minor has been abused or neglected and
makes a child abuse report pursuant to Code Section 19-7-5;
(ii) The child will not disclose the name of the child’s parent, guardian, or legal custodian, and the Division
of Family and Children Services within the Department of Human Services is notified within 72 hours of
the child’s acceptance of services; or
(iii) The child’s parent, guardian, or legal custodian cannot be reached, and the Division of Family and
Children Services within the Department of Human Services is notified within 72 hours of the child’s
acceptance of services; or
(C) Intentionally and willfully retains possession within this state of the child or committed person upon the
expiration of a lawful period of visitation with the child or committed person.
(2) A person convicted of the offense of interference with custody shall be punished as follows:
(A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined
not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more
than five months, or both fined and imprisoned;
(B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be
fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months
nor more than 12 months, or both fined and imprisoned; and
(C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and
shall be punished by imprisonment for not less than one nor more than five years.
(c)(1) A person commits the offense of interstate interference with custody when without lawful authority to
do so the person knowingly or recklessly takes or entices any minor or committed person away from the
individual who has lawful custody of such minor or committed person and in so doing brings such minor or
committed person into this state or removes such minor or committed person from this state.
(2) A person also commits the offense of interstate interference with custody when the person removes a
minor or committed person from this state in the lawful exercise of a visitation right and, upon the expira-
tion of the period of lawful visitation, intentionally retains possession of the minor or committed person in
another state for the purpose of keeping the minor or committed person away from the individual having
lawful custody of the minor or committed person. The offense is deemed to be committed in the county to
which the minor or committed person was to have been returned upon expiration of the period of lawful
visitation.
(3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and
shall be imprisoned for not less than one year nor more than five years.

(a) As used in this Code section, the term:
(1) “Coercion” means:
(A) Causing or threatening to cause bodily harm to any individual, physically restraining or confining any
individual, or threatening to physically restrain or confine any individual;
(B) Exposing or threatening to expose any fact or information or disseminating or threatening to dissemi-
nate any fact or information that would tend to subject an individual to criminal or immigration proceed-
ings, hatred, contempt, or ridicule;
(C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other
immigration document, or any other actual or purported government identification document, of any indi-
vidual;
(D) Providing a controlled substance to such individual for the purpose of compelling such individual to
engage in labor or sexual servitude against his or her will; or
(E) Causing or threatening to cause financial harm to any individual or using financial control over any
individual.
(2) “Controlled substance” shall have the same meaning as set forth in Code Section 16-13-21.
(3) “Deception” means:
(A) Creating or confirming another’s impression of an existing fact or past event which is false and which
the accused knows or believes to be false;
(B) Maintaining the status or condition of an individual arising from a pledge by such individual of his
or her personal services as security for a debt, if the value of those services as reasonably assessed is not
applied toward the liquidation of the debt or the length and nature of those services are not respectively
limited and defined, or preventing an individual from acquiring information pertinent to the disposition of
such debt; or
(C) Promising benefits or the performance of services which the accused does not intend to deliver or
perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform
services standing alone shall not be sufficient to authorize a conviction under this Code section.
(4) “Developmental disability” shall have the same meaning as set forth in Code Section 37-1-1.
(5) “Labor servitude” means work or service of economic or financial value which is performed or provided
by another individual and is induced or obtained by coercion or deception.
(5.1) “Peace officer” shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of
Code Section 35-8-2.
(6) “Performance” shall have the same meaning as set forth in Code Section 16-12-100.
(7) “Sexually explicit conduct” shall have the same meaning as set forth in Code Section 16-12-100.
(8) “Sexual servitude” means any sexually explicit conduct or performance involving sexually explicit con-
duct for which anything of value is directly or indirectly given, promised to, or received by any individual,
which conduct is induced or obtained:
(A) By coercion or deception;
(B) From an individual who is under the age of 18 years;
(C) From an individual whom the accused believes to be under the age of 18 years;
(D) From an individual who has a developmental disability; or
(E) From an individual whom the accused believes to have a developmental disability.
(b) A person commits the offense of trafficking a person for labor servitude when that person knowingly sub-
jects another person to or maintains another person in labor servitude or knowingly recruits, entices, harbors,
transports, provides, or obtains by any means another person for the purpose of labor servitude.
(c) A person commits the offense of trafficking an individual for sexual servitude when that person know-
ingly:
(1) Subjects an individual to or maintains an individual in sexual servitude;
(2) Recruits, entices, harbors, transports, provides, solicits, patronizes, or obtains by any means an individual
for the purpose of sexual servitude; or
(3) Benefits financially or by receiving anything of value from the sexual servitude of another.
(d) The age of consent for sexual activity or the accused’s lack of knowledge of the age or developmental dis-
ability of the individual being trafficked shall not constitute a defense in a prosecution for a violation of this
Code section.
(e) The sexual history or history of commercial sexual activity of a person alleged to have been trafficked
or such person’s connection by blood or marriage to an accused in the case or to anyone involved in such
person’s trafficking shall be excluded from evidence if the court finds at a hearing outside the presence of the
jury that the probative value of the evidence is substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or misleading the jury.
(f)(1) Except as provided in paragraph (2) of this subsection, any person who commits the offense of traf-
ficking an individual for labor servitude or sexual servitude shall be guilty of a felony, and upon conviction
thereof, shall be punished by imprisonment for not less than ten nor more than 20 years and a fine not to
exceed $100,000.00.
(2) Any person who commits the offense of trafficking an individual for labor servitude or sexual servitude
against an individual who is under 18 years of age or if the offense is committed against an individual who
has a developmental disability, the person shall be guilty of a felony, and upon conviction thereof, shall be
punished by imprisonment for not less than 25 nor more than 50 years or life imprisonment and a fine not to
exceed $100,000.00.
(3)(A) As used in this paragraph, the term “sexual felony” shall have the same meaning as set forth in para-
graph (2) of subsection (j) of Code Section 16-5-21.
(B) Any person having been previously convicted of a sexual felony who is convicted of the offense of traf-
ficking of persons for sexual servitude 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