2025 Georgia Codes – Page 32

16-5-70

Cruelty to children

(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of
a child under the age of 18 commits the offense of cruelty to children in the first degree when such person
willfully deprives the child of necessary sustenance to the extent that the child’s health or well-being is jeop-
ardized.
(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously
causes a child under the age of 18 cruel or excessive physical or mental pain.
(c) Any person commits the offense of cruelty to children in the second degree when such person with crimi-
nal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
(d) Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the
commission of a forcible felony, battery, or family violence battery; or
(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present
and sees or hears the act, commits a forcible felony, battery, or family violence battery.
(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code sec-
tion shall be punished by imprisonment for not less than five nor more than 20 years.
(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by impris-
onment for not less than one nor more than ten years.
(3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a mis-
demeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty
to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not
less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three
years or shall be sentenced to both fine and imprisonment.

16-5-71

Minor - Tattooing

Tattooing of minor

(a) It shall be unlawful for any person to tattoo the body of any person under the age of 18, except that a phy-
sician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision
of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to
mark or color the skin of any person under the age of 18 by pricking in coloring matter or by producing scars
for medical or cosmetic purposes.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemean-
or.

16-5-71.1

Body piercing of minor

(a) It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of any person
under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the
body, unless the prior written consent of a custodial parent or guardian of such minor is obtained; provided,
however, that the prohibition contained in this subsection shall not apply if:
(1) Such person has been furnished with proper identification showing that the individual is 18 years of age
or older; and
(2) The person reasonably believes such minor to be 18 years of age or older.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemean-
or.