2025 Georgia Codes – Page 142

16-11-40

Shoplifters using emergency exits

Theft - Shoplifters using emergency exits

It shall be unlawful to use an emergency exit door after having violated Code Section 16-8-14. Any person
convicted of violating this Code section shall be guilty of and punished as for a misdemeanor.

16-11-40.1

Intentionally cause minor to be identified as person in obscene depiction

Minor - Cause to be ID as participant in pornography

(a) As used in this Code section, the term:
(1) “Minor” means an individual who is under the age of 18 years.
(2) “Nudity” shall have the same meaning as set forth in Code Section 16-11-90.
(3) “Obscene depiction” means a visual depiction of an individual displaying nudity or sexually explicit
conduct.
(4) “Sexually explicit conduct” shall have the same meaning as set forth in Code Section 16-12-100.
(b) No person shall intentionally cause a minor to be identified as the individual in an obscene depiction in
such a manner that a reasonable person would conclude that the image depicted was that of such minor. Such
identification shall include, without limitation, the minor’s name, address, telephone number, e-mail address,
username, or other electronic identification. Such identification shall also include the electronic imposing of
the facial image of a minor onto an obscene depiction.
(c) Any person convicted of violating this Code section shall be guilty of a misdemeanor; provided, however,
that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a
fine of not more than $100,000.00, or both.
(d) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct
made unlawful by this Code section in which such person engages while:
(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code sec-
tion which involves an individual who resides in this state; or
(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves
an individual who resides within or outside this state.
(e) 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; or
(2) An image and identification made pursuant to or in anticipation of a civil action.
(f) Any violation of this Code section shall constitute a separate offense and shall not merge with any other
crimes set forth in this title.

16-11-41

Drunk in public

Intoxication - Public