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        • O.C.G.A. § 16-12-80. Distributing Obscene Materials
        • O.C.G.A. § 16-12-100. Sexual Exploitation
        • O.C.G.A. § 16-12-100.1. Furnishing Obscene Materials
        • O.C.G.A. § 16-12-100.2. Child Exploitation Prevention
        • O.C.G.A. § 16-12-100.3. Obscene telephone contact; conviction; penalties
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        • O.C.G.A. § 16-5-46. Trafficking of a person for labor or Sexual Servitude
        • O.C.G.A. § 16-6-5. Enticing a child for indecent purposes
        • O.C.G.A. § 16-6-10. Keeping a place of prostitution
        • O.C.G.A. § 16-6-11. Pimping
        • O.C.G.A. § 16-6-12. Pandering
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        • O.C.G.A. § 16-5-70. Cruelty to children
        • O.C.G.A. § 16-6-3. Statutory rape
        • O.C.G.A. § 16-6-4. Child molestation; Aggravated child molestation
        • O.C.G.A. § 16-12-1. Contributing to delinquency, unruliness, or deprivation of a minor
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        • 18 U.S.C. § 2251. Sexual Exploitation of Children (Production of Child Pornography)
        • 18 U.S.C. § 2251A. Selling and Buying of Children
        • 18 U.S.C. § 2252. Certain Activities Relating to Material Involving the Sexual Exploitation of Minors (Possession, Distribution and Receipt of Child Pornography)
        • 18 U.S.C. § 2252A. Certain activities relating to material constituting or containing child pornography
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        • 18 U.S.C. § 2423. Transportation of minors
        • 18 U.S.C. § 2425. Use of interstate facilities to transmit information about a minor
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O.C.G.A. § 16-12-80.   Distributing obscene materials



​(a) A person commits the offense of distributing obscene material when he sells, lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so, provided that the word "knowing," as used in this Code section, shall be deemed to be either actual or constructive knowledge of the obscene contents of the subject matter; and a person has constructive knowledge of the obscene contents if he has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material; provided, however, that the character and reputation of the individual charged with an offense under this law, and, if a commercial dissemination of obscene material is involved, the character and reputation of the business establishment involved may be placed in evidence by the defendant on the question of intent to violate this law. Undeveloped photographs, molds, printing plates, and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.

(b) Material is obscene if:
      (1) To the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion;
      (2) The material taken as a whole lacks serious literary, artistic, political, or scientific value; and
      (3) The material depicts or describes, in a patently offensive way, sexual conduct specifically defined in subparagraphs (A) through (E) of this paragraph:
           (A) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
           (B) Acts of masturbation;
           (C) Acts involving excretory functions or lewd exhibition of the genitals;
           (D) Acts of bestiality or the fondling of sex organs of animals; or
           (E) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.
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(c) Any device designed or marketed as useful primarily for the stimulation of human genital organs is obscene material under this Code section.

(d) Material not otherwise obscene may be obscene under this Code section if the distribution thereof, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal.

(e) It is an affirmative defense under this Code section that dissemination of the material was restricted to:
     (1) A person associated with an institution of higher learning, either as a member of the faculty or a matriculated student, teaching or pursuing a course of study related to such material; or
     (2) A person whose receipt of such material was authorized in writing by a licensed medical practitioner or psychiatrist.

(f) A person who commits the offense of distributing obscene material shall be guilty of a misdemeanor of a high and aggravated nature.

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  • Home
  • Who We Are
  • Request a Presentation
  • NCMEC
  • Internet Safety
  • Legal
    • Georgia Statutes >
      • Child Pornograpy >
        • O.C.G.A. § 16-12-80. Distributing Obscene Materials
        • O.C.G.A. § 16-12-100. Sexual Exploitation
        • O.C.G.A. § 16-12-100.1. Furnishing Obscene Materials
        • O.C.G.A. § 16-12-100.2. Child Exploitation Prevention
        • O.C.G.A. § 16-12-100.3. Obscene telephone contact; conviction; penalties
      • Commercial Sexual Exploitation of Children (CSEC) >
        • O.C.G.A. § 16-5-46. Trafficking of a person for labor or Sexual Servitude
        • O.C.G.A. § 16-6-5. Enticing a child for indecent purposes
        • O.C.G.A. § 16-6-10. Keeping a place of prostitution
        • O.C.G.A. § 16-6-11. Pimping
        • O.C.G.A. § 16-6-12. Pandering
      • Additional Statutes >
        • O.C.G.A. § 16-5-70. Cruelty to children
        • O.C.G.A. § 16-6-3. Statutory rape
        • O.C.G.A. § 16-6-4. Child molestation; Aggravated child molestation
        • O.C.G.A. § 16-12-1. Contributing to delinquency, unruliness, or deprivation of a minor
    • Federal Statutes >
      • Child Pornography >
        • 18 U.S.C. § 2251. Sexual Exploitation of Children (Production of Child Pornography)
        • 18 U.S.C. § 2251A. Selling and Buying of Children
        • 18 U.S.C. § 2252. Certain Activities Relating to Material Involving the Sexual Exploitation of Minors (Possession, Distribution and Receipt of Child Pornography)
        • 18 U.S.C. § 2252A. Certain activities relating to material constituting or containing child pornography
        • 18 U.S.C. § 2256. Definitions for chapter
        • 18 U.S.C. § 2260. Production of Sexually Explicit Depictions of a Minor for Importation into the United States
      • Prostitution of Children >
        • 18 U.S.C. § 1591. Sex trafficking of children or by force, fraud, or coercion
        • 18 U.S.C. § 2421. Transportation generally
        • 18 U.S.C. § 2422. Coercion and enticement
        • 18 U.S.C. § 2423. Transportation of minors
        • 18 U.S.C. § 2425. Use of interstate facilities to transmit information about a minor
  • Contact