2025 Georgia Codes – Page 402

2003 and June 30, 2006]
(a) As used in this Code section, the term:
(1) “Area where minors congregate” shall include all public and private parks and recreation facilities,
playgrounds, skating rinks, neighborhood centers, gymnasiums, and similar facilities providing programs or
services directed towards persons under 18 years of age.
(2) “Child care facility” means all public and private pre-kindergarten facilities, child care learning centers,
and preschool facilities.
(3) “Individual” means a person who is required to register pursuant to Code Section 42-1-12.
(4) “Lease” means a right of occupancy pursuant to a written and valid lease or rental agreement.
(5) “Minor” means any person who is under 18 years of age.
(b) Any individual who committed an act between June 4, 2003, and June 30, 2006, for which such individ-
ual is required to register shall not reside within 1,000 feet of any child care facility, school, or area where
minors congregate. Such distance shall be determined by measuring from the outer boundary of the property
on which the individual resides to the outer boundary of the property of the child care facility, school, or area
where minors congregate at their closest points.
(c)(1) If an individual owns or leases real property and resides on such property and a child care facility,
school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, such
individual shall not be guilty of a violation of subsection (b) of this Code section if such individual success-
fully complies with subsection (d) of this Code section.
(2) An individual owning or leasing real property and residing on such property within 1,000 feet of a pro-
hibited location, as specified in subsection (b) of this Code section, shall not be guilty of a violation of this
Code section if such individual had established such property ownership or leasehold prior to June 4, 2003,
and such individual successfully complies with subsection (d) of this Code section.
(d)(1) If an individual is notified that he or she is in violation of subsection (b) of this Code section, and if
such individual claims that he or she is exempt from such prohibition pursuant to subsection (c) of this
Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sher-
iff of the county where the individual is registered within ten days of being notified of any such violation.
(2) For purposes of providing proof of residence, the individual may provide a driver’s license, government
issued identification, or any other documentation evidencing where the individual’s habitation is fixed. For
purposes of providing proof of property ownership, the individual shall provide a copy of his or her war-
ranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership.
(3) For purposes of providing proof of a leasehold, the individual shall provide a copy of the applicable lease
agreement. Leasehold exemptions shall only be for the duration of the executed lease.
(4) Documentation provided pursuant to this subsection may be required to be date specific, depending upon
the individual’s exemption claim.
(e) Any individual who knowingly violates this Code section shall be guilty of a felony and shall be punished
by imprisonment for not less than one nor more than three years.
(f) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or
result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an
individual required to be registered under Code Section 42-1-12.

Amended 2024
(a) As used in this Code section, the term:
(1) “Minor” shall have the same meaning as set forth in Code Section 42-1-12.
(2) “Photograph” means to create, capture, transmit, or record by electronic or other means a photograph-
ic image or similar visual representation or image of a person.
(3) “Unmanned aircraft system” means a powered, aerial vehicle, not including a satellite, that:
(A) Does not carry a human operator and is operated without the possibility of direct human intervention
from within or on the vehicle;
(B) Uses aerodynamic forces to provide vehicle lift;
(C) Can fly autonomously or be piloted remotely;
(D) Can be expendable or recoverable; and
(E) Has the ability to photograph.
(b)(1) No person required to register as a sexual offender pursuant to Code Section 42-1-12 shall intentionally
photograph a minor without the consent of the minor’s parent or guardian.
(2) Any person who commits the offense of intentionally photographing a minor without the consent of
such minor’s parent or guardian in violation of paragraph (1) of this subsection shall, upon the first
conviction thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as
provided by Code Section 17-10-4; provided, however, that, if a fine is imposed pursuant to Code Section