2025 Georgia Codes – Page 181

16-12-103

Pornography - Furnish to minor

Providing obscene materials to minor

(a) It shall be unlawful for any person knowingly to sell or loan for monetary consideration or otherwise fur-
nish or disseminate to a minor:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or
image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or
sadomasochistic abuse and which is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains
any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or
narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a
whole, is harmful to minors.
(b)(1) It shall be unlawful for any person knowingly to sell or furnish to a minor an admission ticket or pass
or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other
presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic
abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are
not designed to prevent viewing from any public way of such motion picture by minors not admitted to any
such premises.
(2) It shall be unlawful for any person knowingly to sell or to furnish to a person under the age of 21 an
admission ticket or pass or knowingly to admit a person under the age of 21 to premises whereon there is
exhibited a show or performance which is harmful to minors and which, in whole or in part, consists of
sexually explicit nudity on the part of one or more live performers; sexual conduct on the part of one or
more live performers; or sadomasochistic abuse on the part of one or more live performers.
(c) It shall be unlawful for any person to falsely represent his or her age to any person mentioned in subsec-
tion (a) or subsection (b) of this Code section or to his or her agent with the intent to unlawfully procure any
material set forth in subsection (a) of this Code section or with the intent to unlawfully procure such person’s
admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code sec-
tion.
(d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned
in subsection (a) or subsection (b) of this Code section or to his or her agent that he or she is the parent or
guardian of any minor or knowingly to make a false representation with respect to the age of another person
with the intent to unlawfully procure for such other person any material set forth in subsection (a) of this
Code section or with the intent to unlawfully procure such other person’s admission to any motion picture,
show, or other presentation, as set forth in subsection (b) of this Code section.
(e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or
any other business or commercial establishment or at any other public place frequented by minors or where
minors are or may be invited as part of the general public:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or
image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or
sadomasochistic abuse and which is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains
any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or
narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a
whole, is harmful to minors.
(f)(1) As used in this subsection, the term:
(A) “Video game” means an object or device that stores recorded data or instructions, receives data or
instructions generated by a person who uses it, and, by processing the data or instructions, creates an inter-
active game capable of being played, viewed, or experienced on or through a computer, gaming system,
console, or other technology.
(B) “Video game retailer” means a person who sells or rents video games to the public.
(2) Every video game retailer shall post a sign providing information to consumers about any video game
rating system which appears on a video game offered by such retailer. The sign shall be posted in a conspic-
uous place within the portion of the establishment dedicated to the display or advertisement of video games.
Each video game retailer shall make available to consumers, upon request, written information explaining
each such rating system.
(3) A person violating the provisions of this subsection shall be punished with a civil fine in an amount not
less than $250.00 and not more than $500.00 for each violation. Each day in violation of this subsection
shall constitute a separate offense.

16-12-104

Library exception

Pornography - To minor - Library exception

The provisions of Code Section 16-12-103 shall not apply to any public library operated by the state or any of
its political subdivisions nor to any library operated as a part of any school, college, or university.

16-12-105

Pornography to minor - Penalties

Pornography - To minor - Penalties

(a) Except as provided in subsection (b) of this Code section, any person who violates any provision of Code
Section 16-12-103 or 16-12-104 shall be guilty of a misdemeanor of a high and aggravated nature.
(b) Any person who violates subsection (a) of Code Section 16-12-103 shall be guilty of a misdemeanor if:
(1) The person depicted was at least 14 years of age;
(2) The items described in subsection (a) of Code Section 16-12-103 were furnished or disseminated with
the permission of the minor depicted; and
(3) The defendant was 18 years of age or younger at the time of the offense.