{"data":{"id":"us-ga/o.c.g.a.-16-11-40.1","jurisdiction":"us-ga","citation":"O.C.G.A. § 16-11-40.1","heading":"Definitions; identification of minors; criminal offense.","body":"(a) As used in this Code section, the term:\n(1) “Minor” means an individual who is under the age of 18 years.\n(2) “Nudity” shall have the same meaning as set forth in Code Section 16-11-90.\n(3) “Obscene depiction” means a visual depiction of an individual displaying nudity or sexually explicit conduct.\n(4) “Sexually explicit conduct” shall have the same meaning as set forth in Code Section 16-12-100.\n(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.\n(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.\n(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:\n(1) 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\n(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.\n(e) The provisions of subsection (b) of this Code section shall not apply to:\n(1) The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; or\n(2) An image and identification made pursuant to or in anticipation of a civil action.\n(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.","path":["TITLE 16 Crimes and Offenses","CHAPTER 11 Offenses Against Public Order and Safety","Article 2 Offenses Against Public Order"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.16.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"c5dc51b4add0d84d388c6998b05203152d4e6315fba57ec2cf0acb3810e52cac","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-16-11-40","next":"us-ga/o.c.g.a.-16-11-41"},"notice":"GroundRules: Original legal text. Not legal advice."}