Georgia § 16-11-40 - 1. Definitions; identification of minors; criminal offense.

§ 16-11-40. 1. Definitions; identification of minors; criminal offense.

As used in this Code section, the term: "Minor" means an individual who is under the age of 18 years. "Nudity" shall have the same meaning as set forth in Code Section 16-11-90. "Obscene depiction" means a visual depiction of an individual displaying nudity or sexually explicit conduct. "Sexually explicit conduct" shall have the same meaning as set forth in Code Section 16-12-100. 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. 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. 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: Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves an individual who resides in this state; or 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. The provisions of subsection (b) of this Code section shall not apply to: The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or An image and identification made pursuant to or in anticipation of a civil action. Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title. (Code 1981, § 16-11-40.1 , enacted by Ga. L. 2015, p. 1212, § 1A/SB 160.) Cross references. - Internet safety policies in public schools, § 20-2-324 . Internet safety policies in public libraries, § 20-5-5 .