For Your Information: Laws, Codes and Ordinances
For Your Information: Laws
Below are some laws from the State of Georgia Code, pertaining to children. These are presented to Alchemy participants as for their information, and are by no means to be considered a complete list of laws pertaining to children, either at the state, local or federal levels. Use the following information at your own discretion. Alchemy, the Georgia Burn and Alchemy, LLC are in no way trying to act as, or in place of, a proper attorney on your behalf, and all questions concerning the following information should be presented to your own attorney, rather than to Alchemy. Bolded emphasis is that of the author of this page.
O.C.G.A. § 16-6-4 states:
(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b)
(1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.
(2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
(d)
(1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(2) A person convicted of the offense of aggravated child molestation when:
(A) The victim is at least 13 but less than 16 years of age;
(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and
(C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.
O.C.G.A. § 16-12-100 states:
Sexual exploitation of children; reporting violation; forfeiture; penalties
(a) As used in this Code section, the term:
(1) "Minor" means any person under the age of 18 years.
(2) "Performance" means any play, dance, or exhibit to be shown to or viewed by an audience.
(3) "Producing" means producing, directing, manufacturing, issuing, or publishing.
(4) "Sexually explicit conduct" means actual or simulated:
(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation
or gratification with any person's unclothed genitals, pubic area, or
buttocks or with a female's nude breasts;
(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
(5) "Visual medium" means any film, photograph, negative, slide, magazine, or other visual medium.
(b)
(1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
(2) It is unlawful for any parent, legal guardian, or person
having custody or control of a minor knowingly to permit the minor to
engage in or to assist any other person to engage in sexually explicit
conduct for the purpose of producing any visual medium depicting such
conduct.
(3) It is unlawful for any person knowingly to employ, use,
persuade, induce, entice, or coerce any minor to engage in or assist
any other person to engage in any sexually explicit conduct for the
purpose of any performance.
(4) It is unlawful for any parent, legal guardian, or person
having custody or control of a minor knowingly to permit the minor to
engage in or to assist any other person to engage in sexually explicit
conduct for the purpose of any performance.
(5) It is unlawful for any person knowingly to create,
reproduce, publish, promote, sell, distribute, give, exhibit, or
possess with intent to sell or distribute any visual medium which
depicts a minor or a portion of a minor's body engaged in any sexually
explicit conduct.
(6) It is unlawful for any person knowingly to advertise, sell,
purchase, barter, or exchange any medium which provides information as
to where any visual medium which depicts a minor or a portion of a
minor's body engaged in any sexually explicit conduct can be found or
purchased.
(7) It is unlawful for any person knowingly to bring or cause to
be brought into this state any material which depicts a minor or a
portion of a minor's body engaged in any sexually explicit conduct.
(8) It is unlawful for any person knowingly to possess or control any
material which depicts a minor or a portion of a minor's body engaged
in any sexually explicit conduct.
(c) A person who, in the course of processing or producing visual
or printed matter either privately or commercially, has reasonable
cause to believe that the visual or printed matter submitted for
processing or producing depicts a minor engaged in sexually explicit
conduct shall immediately report such incident, or cause a report to be
made, to the Georgia Bureau of Investigation or the law enforcement
agency for the county in which such matter is submitted. Any person
participating in the making of a report or causing a report to be made
pursuant to this subsection or participating in any judicial proceeding
or any other proceeding resulting therefrom shall in so doing be immune
from any civil or criminal liability that might otherwise be incurred
or imposed, providing such participation pursuant to this subsection is
made in good faith.
(d) 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 to legitimate
medical, scientific, or educational activities.
(e)
(1) A person who is convicted of an offense under this Code section shall forfeit to the State of Georgia such interest as the person may have in:
(A) Any property constituting or directly derived from gross profits or other proceeds obtained from such offense; and
(B) Any property used, or intended to be used, to commit such offense.
(2) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture.
(3) The court shall order forfeiture of property referred to in
paragraph (1) of this subsection if the trier of fact determines,
beyond a reasonable doubt, that such property is subject to forfeiture.
(4) The provisions of subsection (u) of Code Section 16-13-49 shall
apply for the disposition of any property forfeited under this
subsection. In any disposition of property under this subsection, a
convicted person shall not be permitted to acquire property forfeited
by such person.
(f)
(1) The following property shall be subject to forfeiture to the State of Georgia:
(A) Any material or equipment used, or intended for use, in producing, reproducing, transporting, shipping, or receiving any visual medium in violation of this Code section;
(B) Any visual medium produced, transported, shipped, or received in violation of this Code section, or any material containing such depiction; provided, however, that any such property so forfeited shall be destroyed by the appropriate law enforcement agency after it is no longer needed in any court proceedings; or
(C) Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section; except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner.
(2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for forfeitures under Code Section 16-13-49.
(g)
(1) Except as otherwise provided in paragraph (2) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00. In the event, however, that the person so convicted is a member of the immediate family of the victim, no fine shall be imposed.
(2) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor.
Georgia Code § 3-3-23 states:
Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; use of false identification; proper identification; dispensing, serving, selling, or handling by persons under 21 years of age in the course of employment; seller's actions upon receiving false identification
(a) Except as otherwise authorized by law:
(1) No
person knowingly, directly or through another person, shall furnish,
cause to be furnished, or permit any person in such person's employ to
furnish any alcoholic beverage to any person under 21 years of age;
(2) No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage;
(3) No
person under 21 years of age shall misrepresent such person's age in
any manner whatever for the purpose of obtaining illegally any
alcoholic beverage;
(4) No person
knowingly or intentionally shall act as an agent to purchase or acquire
any alcoholic beverage for or on behalf of a person under 21 years of
age; or
(5) No person under 21 years of
age shall misrepresent his or her identity or use any false
identification for the purpose of purchasing or obtaining any alcoholic
beverage.
(b) The prohibitions contained
in paragraphs (1), (2), and (4) of subsection (a) of this Code section
shall not apply with respect to the sale, purchase, or possession of
alcoholic beverages for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or
(2) At a religious ceremony.
(c) The
prohibitions contained in paragraphs (1), (2), and (4) of subsection
(a) of this Code section shall not apply with respect to the possession
of alcoholic beverages for consumption by a person under 21 years of
age when the parent or guardian of the person under 21 years of age
gives the alcoholic beverage to the person and when possession is in
the home of the parent or guardian and such parent or guardian is
present.
(d) The prohibition contained in
paragraph (1) of subsection (a) of this Code section shall not apply
with respect to sale of alcoholic beverages by a person when such
person has been furnished with proper identification showing that the
person to whom the alcoholic beverage is sold is 21 years of age or
older. For purposes of this subsection, the term "proper
identification" means any document issued by a governmental agency
containing a description of the person, such person's photograph, or
both, and giving such person's date of birth and includes, without
being limited to, a passport, military identification card, driver's
license, or an identification card authorized under Code Sections
40-5-100 through 40-5-104. "Proper identification" shall not include a
birth certificate and shall not include any traffic citation and
complaint form.
(e) If such conduct is not
otherwise prohibited pursuant to Code Section 3-3-24, nothing contained
in this Code section shall be construed to prohibit any person under 21
years of age from:
(1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment;
(2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or
(3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment.
(f) Testimony
by any person under 21 years of age, when given in an administrative or
judicial proceeding against another person for violation of any
provision of this Code section, shall not be used in any administrative
or judicial proceedings brought against such testifying person under 21
years of age.
(g) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15.
(h) In
any case where a reasonable or prudent person could reasonably be in
doubt as to whether or not the person to whom an alcoholic beverage is
to be sold or otherwise furnished is actually 21 years of age or older,
it shall be the duty of the person selling or otherwise furnishing such
alcoholic beverage to request to see and to be furnished with proper
identification as provided for in subsection (d) of this Code section
in order to verify the age of such person; and the failure to make such
request and verification in any case where the person to whom the
alcoholic beverage is sold or otherwise furnished is less than 21 years
of age may be considered by the trier of fact in determining whether
the person selling or otherwise furnishing such alcoholic beverage did
so knowingly.
(i) Any retailer or retail
consumption dealer, or any person acting on behalf of such retailer or
retail consumption dealer, who upon requesting proper identification
from a person attempting to purchase alcoholic beverages from such
retailer or retail consumption dealer pursuant to subsection (h) of
this Code section is tendered a driver's license which indicates that
such driver's license is falsified, is not the driver's license of the
person presenting it, or that such person is under the age of 21 years,
the person to whom said license is tendered shall be authorized to
either write down the name, address, and license number or to seize and
retain such driver's license and in either event shall immediately
thereafter summon a law enforcement officer who shall be authorized to
seize the license either at the scene or at such time as the license
can be located. The procedures and rules connected with the retention
of such license by the officer shall be the same as those provided for
the acceptance of a driver's license as bail on arrest for traffic
offenses pursuant to Code Section 17-6-11.
Georgia Code § 3-3-23.1 states:
Procedure and penalties upon violation of Code Section 3-3-23
(a) It
is unlawful for any person knowingly to violate any prohibition
contained in Code Section 3-3-23, relating to furnishing alcoholic
beverages to, and purchasing, attempting to purchase, and possession of
alcoholic beverages by, a person under 21 years of age.
(b)
(1) Any person convicted of violating any prohibition contained in
subsection (a) of Code Section 3-3-23 shall, upon the first conviction,
be guilty of a misdemeanor, except that any person convicted of
violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall,
upon the first conviction, be guilty of a misdemeanor and shall be
punished by not more than six months' imprisonment or a fine of not
more than $300.00, or both and except that any person convicted of
violating paragraph (4) of subsection (a) of Code Section 3-3-23 shall,
upon the first conviction, be guilty of a misdemeanor of a high and
aggravated nature.
(2) Any person
convicted of violating any prohibition contained in subsection (a) of
Code Section 3-3-23 shall, upon the second or subsequent conviction, be
guilty of a misdemeanor of a high and aggravated nature, except that
any person convicted of violating paragraph (2) of subsection (a) of
Code Section 3-3-23 shall, upon the second or subsequent conviction, be
guilty of a misdemeanor.
(3) In
addition to any other penalty provided for in paragraphs (1) and (2) of
this subsection, the driver's license of any person convicted of
attempting to purchase an alcoholic beverage in violation of paragraph
(2) of subsection (a) of Code Section 3-3-23 upon the first conviction
shall be suspended for six months and upon the second or subsequent
conviction shall be suspended for one year.
(c) Whenever
any person who has not been previously convicted of any offense under
this Code section or under any other law of the United States or this
or any other state relating to alcoholic beverages pleads guilty to or
is found guilty of a violation of paragraph (2) or (3) of subsection
(a) of Code Section 3-3-23, the court, without entering a judgment of
guilt and with the consent of such person, may defer further
proceedings and place such person on probation upon such reasonable
terms and conditions as the court may require. The terms of probation
shall preferably be such as require the person to undergo a
comprehensive rehabilitation program (including, if necessary, medical
treatment), not to exceed three years, designed to acquaint such person
with the ill effects of alcohol abuse and with knowledge of the
gains and benefits which can be achieved by being a good member of
society. Upon violation of a term or condition of probation, the court
may enter an adjudication of guilt and proceed accordingly. Upon
fulfillment of the terms and conditions of probation, the court shall
discharge such person and dismiss the proceedings against him or her.
Discharge and dismissal under this subsection shall be without court
adjudication of guilt and shall not be deemed a conviction for purposes
of this subsection or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime. Discharge and dismissal
under this subsection may occur only once with respect to any person.
(d) Unless
the officer has reasonable cause to believe such person is intoxicated,
a law enforcement officer may arrest by issuance of a citation,
summons, or accusation a person accused of violating any provision of
Code Section 3-3-23. The citation, summons, or accusation shall
enumerate the specific charges against the person and either the date
upon which the person is to appear and answer the charges or a notation
that the person will be later notified of the date upon which the
person is to appear and answer the charges. If the person charged shall
fail to appear as required, the judge having jurisdiction of the
offense may issue a warrant or other order directing the apprehension
of such person and commanding that such person be brought before the
court to answer the charges contained within the citation, summons, or
accusation and the charge of his or her failure to appear as required.
Nothing in this subsection shall be construed to invalidate an
otherwise valid arrest by citation, summons, or accusation of a person
who is intoxicated.
(e) A law enforcement
officer arresting a person by the issuance of a citation, summons, or
accusation under subsection (d) of this Code section may require any
such person having a driver's license or instruction permit to deposit
such license or permit with the arresting officer in order to ensure
the appearance of such person to answer the charges against him or her.
The procedures and rules connected with the acceptance of such license
or permit and subsequent disposition of the case shall be the same as
provided for the acceptance of a driver's license as bail on arrest for
traffic offenses pursuant to Code Section 17-6-11.
(f) In
addition to any other punishment or sentence, the court may order all
persons convicted under subsection (b) of this Code section or
sentenced under subsection (c) of this Code section to complete a DUI Alcohol
or Drug Use Risk Reduction Program prescribed by the Department of
Driver Services within 120 days of such conviction or sentence. Failure
to complete such program within 120 days shall be contempt of court and
shall be punished by a fine of not more than $300.00 or 20 days
imprisonment, or both. If the conviction or sentence results from a
charge of unlawful possession of alcoholic beverages while operating a
motor vehicle, the court shall report such conviction or sentence to
the Department of Driver Services within ten days after conviction or
sentencing.
O.C.G.A. § 51-1-18 states:
Furnishing alcoholic beverages to minor children; gambling with minor children
(a) The custodial parent or parents shall have a right of action against any person who shall sell or furnish alcoholic beverages to that parent's underage child for the child's use without the permission of the child's parent.



