By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed July 12, 2024
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Child pornography is a serious crime, regardless of where you live. Every state, including Georgia, has strict child pornography laws. If you’re facing child pornography charges, you should familiarize yourself with Georgia law and the penalties these charges carry.
Here, we’ll discuss Georgia’s child pornography laws and explain how Georgia defines child pornography. We will also briefly explain what the penalties are for this type of sex crime.
For the state to charge you with sexual exploitation of a minor or any other child pornography-related offense, the pornographic material must be obscene. Georgia law is particular in how it defines “obscene.”
According to O.C.G.A. § 16-12-80 (b)(3) (a-e), the Georgia legislature deems the following acts and images as obscene for child pornography purposes:
Of course, other behaviors will certainly fall under obscene for the criminal offense of child pornography. For example, suppose a law enforcement agency finds that you possess, view, distribute, or create content related to the following acts. In that case, it will likely charge you with an aggravated nature misdemeanor or felony:
The crime of child pornography includes physical materials, such as pictures or videos, along with other depictions of sexual conduct. For example, many child pornography cases today involve electronic devices or social media.
Child pornography is a form of child sexual exploitation. Georgia has very stiff penalties for anyone involved in child pornography. This sexual offense includes the possession of child pornography along with other related crimes, including:
The following table highlights the main provisions of the Georgia child pornography laws. See Cyber Crimes, Sex Crimes, and Crimes Against Children for more information.
| Code sections | Distributing Obscene Materials: O.C.G.A. §16-12-80 Sexual Exploitation of Children: O.C.G.A §16-12-100 Electronically furnishing obscene material to minors: O.C.G.A §16-12-100.1 Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007: O.C.G.A §16-12-100.2 |
|---|---|
| What is prohibited | Distributing obscene materials: Knowingly distributing, selling, lending, and publishing any "obscene" material. Knowingly:
Mandatory reporting requirement: Anyone responsible for producing or processing visual or printed matter, or anyone with reasonable knowledge that child pornography exists, must report the violation to the Georgia Bureau of Investigation. Failure to report the offense is a misdemeanor. Electronically furnishing obscene material to minors: Deliberately furnishing a minor with obscene material by electronic means. Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007: This law makes it illegal to make, transmit, or reproduce an image of a child or receive/exchange details about a child, including their name or contact details, for purposes of sexual exploitation. The law specifically includes chat rooms, bulletin boards, and e-mail as means of communication. |
| First Amendment protections? | The First Amendment free speech clause does not protect child pornography. |
| Definition of a "minor" | For purposes of O.C.G.A §16-12-100.2 and the Georgia Code, a child is anyone under 16 years of age. |
| Definition of "visual medium" | Any film, photograph, negative, slide, magazine, or other visual medium |
| Definition of "producing" | Producing, selling, directing, manufacturing, issuing, or publishing |
| Definition of "obscene" | See O.C.G.A. §16-12-80 (See above section on definition of obscene). |
| Mandatory state sexual offender registry if convicted? | O.C.G.A. § 42-1-12 states that registering as a sex offender is mandatory for most offenders. |
| Penalties | Depending on the specific facts of a child pornography case, the state may charge the offender with a felony or a highly aggravated misdemeanor. Penalties may include prison or jail time, fines, asset forfeiture, restitution, or probation. |
Child pornography is also a federal crime. Federal laws addressing child pornography are:
If you suspect someone is engaging in child pornography in Georgia, you must report the behavior. Below are phone numbers for the reporting agencies in Georgia.
As you can see, there are a variety of ways to violate Georgia child pornography laws, and the penalties can be pretty severe. If you're facing charges of a crime relating to child pornography, contact a criminal defense attorney in Georgia who can protect your rights and help ensure the best outcome possible.
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