Georgia § 16-12-81 - Distribution of material depicting nudity or sexual conduct; penalty.

§ 16-12-81. Distribution of material depicting nudity or sexual conduct; penalty.

A person commits the offense of distributing material depicting nudity or sexual conduct when he sends unsolicited through the mail or otherwise unsolicited causes to be delivered material depicting nudity or sexual conduct to any person or residence or office unless there is imprinted upon the envelope or container of such material in not less than eight-point boldface type the following notice: "Notice - The material contained herein depicts nudity or sexual conduct. If the viewing of such material could be offensive to the addressee, this container should not be opened but returned to the sender." As used within this Code section, the term: "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering or the depiction of covered male genitals in a discernibly turgid state. "Sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breast. A person who commits the offense of distributing material depicting nudity or sexual conduct, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years or by a fine not to exceed $10,000.00, or both. (Code 1933, § 26-2102, enacted by Ga. L. 1970, p. 173, § 1.) Cross references. - Constitutional guarantee of free speech and press, Ga. Const. 1983, Art. I, Sec. I, Para. V. Law reviews. - For comment on a nuisance abatement statute applied to authorize prior restraint on exhibition of unnamed films, in the future as violative of the federal Constitution in Universal Amusement Co. v. Vance, 587 F.2d 159 (5th Cir. 1978), probable jurisdiction noted, 442 U.S. 928, 99 S. Ct. 2857 , 61 L. Ed. 2 d 295 (1979), aff'd, 445 U.S. 308, 100 S. Ct. 1156 , 63 L. Ed. 2 d 413 (1980), see 13 Ga. L. Rev. 1076 (1979).