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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 16. CRIMES AND OFFENSES |
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Chapter 12. OFFENSES AGAINST PUBLIC HEALTH AND MORALS |
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Article 3. OBSCENITY AND RELATED OFFENSES |
| Part 1. GENERAL PROVISIONS |
| § 16-12-80. Distributing obscene material; obscene material defined; penalty |
| § 16-12-81. Distribution of material depicting nudity or sexual conduct; penalty |
| § 16-12-82. Public nuisances |
| § 16-12-83. Contraband |
| § 16-12-84. Public indecency in plays, nightclub acts, and motion pictures. |
| § 16-12-85. Display of restricted film previews to general audiences |
| Part 2. OFFENSES RELATED TO MINORS GENERALLY |
| § 16-12-100. Sexual exploitation of children; reporting violation; forfeiture; penalties |
| § 16-12-100.1. Electronically furnishing obscene material to minors |
| § 16-12-100.2. Computer or electronic pornography and child exploitation prevention |
| § 16-12-100.3. Obscene telephone contact; conviction; penalties |
| Part 3. SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS |
| § 16-12-101. Legislative purpose |
| § 16-12-102. Definitions |
| § 16-12-103. Selling, loaning, distributing, or exhibiting; duties of video game retailers |
| § 16-12-104. Library exception |
| § 16-12-105. Penalty |
| § 16-12-106 through 16-12-108. |
| § 16-12-110 through 16-12-113. |
REFS & ANNOS
TITLE 16 Chapter 12 Article 3 NOTE
CROSS REFERENCES. --Power of counties and municipalities to enact ordinances which have effect of restricting adult bookstores and adult movie houses to areas zoned for commercial or industrial purposes, § 36-60-3. Use of telephone communications for obscene, threatening, or other purposes, § 46-5-21. Use of telephone to transmit obscene, lewd, or other communications for commercial purposes, § 46-5-22.
LAW REVIEWS. --For article discussing history of Georgia's written obscenity statutes from the 1860's to the late 1960's, see 19 Mercer L. Rev. 287 (1968). For article discussing obscenity laws and their conflict with U.S. Const., Amend. 1, see 8 Ga. L. Rev. 291 (1974). For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001). For article, "Sex In and Out of Intimacy," see 59 Emory L.J. 809 (2010).
For comment discussing the constitutional standard for judging obscenity, in light of Miller v. California, 413 U.S. 15, 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973), see 10 Ga. St. B.J. 327 (1973).
JUDICIAL DECISIONS
DEFINITION OF OBSCENITY SET FORTH IN FORMER CODE 1933, § 26-2101 ET SEQ. WAS APPLICABLE TO ALL SECTIONS DEALING WITH SAME QUESTION. Jenkins v. State, 230 Ga. 726, 199 S.E.2d 183 (1973), rev'd on other grounds, 418 U.S. 153, 94 S. Ct. 2750, 41 L. Ed. 2d 642 (1974) (see O.C.G.A. Art. 3, Ch. 12, T. 16).
POSSESSION OF OBSCENE MATERIAL IN PRIVACY OF HOME. --State's power to regulate obscenity does not extend to mere possession in privacy of own home. Warshaw v. Eastman Kodak Co., 148 Ga. App. 670, 252 S.E.2d 182 (1979).
Right to privately possess obscene materials does not presuppose corollary constitutional right of unregulated access. Warshaw v. Eastman Kodak Co., 148 Ga. App. 670, 252 S.E.2d 182 (1979).
IT WOULD BE AGAINST PUBLIC POLICY TO RETURN OBSCENE MATERIAL TO OWNER. Warshaw v. Eastman Kodak Co., 148 Ga. App. 670, 252 S.E.2d 182 (1979).
RESEARCH REFERENCES
ALR. --Publications of a scientific, educational or instructive character regarding sex relations as within statutes relating to obscene or immoral publications, 76 ALR 1099.
Power of municipality in respect of inspection and censorship of motion-picture films, 126 ALR 1363.
Entrapment to commit offense against obscenity laws, 77 ALR2d 792.
Modern concept of obscenity, 5 ALR3d 1158.
Validity of procedures designed to protect the public against obscenity, 5 ALR3d 1214; 93 ALR3d 297.
Exhibition of obscene motion pictures as nuisance, 50 ALR3d 969.
What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 ALR3d 280.
In personam or territorial jurisdiction of state court in connection with obscenity prosecution of author, actor, photographer, publisher, distributor, or other party whose acts were performed outside the state, 16 ALR4th 1318.
Processor's right to refuse to process or return film or video tape of obscene subject, 18 ALR4th 1326.
Validity and application of statute exempting nonmanagerial, nonfinancially interested employees from obscenity prosecution, 35 ALR4th 1237.
LAW REVIEWS. --For article discussing history of Georgia's written obscenity statutes from the 1860's to the late 1960's, see 19 Mercer L. Rev. 287 (1968). For article discussing obscenity laws and their conflict with U.S. Const., Amend. 1, see 8 Ga. L. Rev. 291 (1974). For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001). For article, "Sex In and Out of Intimacy," see 59 Emory L.J. 809 (2010).
For comment discussing the constitutional standard for judging obscenity, in light of Miller v. California, 413 U.S. 15, 93 S. Ct. 2607, 37 L. Ed. 2d 419 (1973), see 10 Ga. St. B.J. 327 (1973).
JUDICIAL DECISIONS
DEFINITION OF OBSCENITY SET FORTH IN FORMER CODE 1933, § 26-2101 ET SEQ. WAS APPLICABLE TO ALL SECTIONS DEALING WITH SAME QUESTION. Jenkins v. State, 230 Ga. 726, 199 S.E.2d 183 (1973), rev'd on other grounds, 418 U.S. 153, 94 S. Ct. 2750, 41 L. Ed. 2d 642 (1974) (see O.C.G.A. Art. 3, Ch. 12, T. 16).
POSSESSION OF OBSCENE MATERIAL IN PRIVACY OF HOME. --State's power to regulate obscenity does not extend to mere possession in privacy of own home. Warshaw v. Eastman Kodak Co., 148 Ga. App. 670, 252 S.E.2d 182 (1979).
Right to privately possess obscene materials does not presuppose corollary constitutional right of unregulated access. Warshaw v. Eastman Kodak Co., 148 Ga. App. 670, 252 S.E.2d 182 (1979).
IT WOULD BE AGAINST PUBLIC POLICY TO RETURN OBSCENE MATERIAL TO OWNER. Warshaw v. Eastman Kodak Co., 148 Ga. App. 670, 252 S.E.2d 182 (1979).
RESEARCH REFERENCES
ALR. --Publications of a scientific, educational or instructive character regarding sex relations as within statutes relating to obscene or immoral publications, 76 ALR 1099.
Power of municipality in respect of inspection and censorship of motion-picture films, 126 ALR 1363.
Entrapment to commit offense against obscenity laws, 77 ALR2d 792.
Modern concept of obscenity, 5 ALR3d 1158.
Validity of procedures designed to protect the public against obscenity, 5 ALR3d 1214; 93 ALR3d 297.
Exhibition of obscene motion pictures as nuisance, 50 ALR3d 969.
What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 ALR3d 280.
In personam or territorial jurisdiction of state court in connection with obscenity prosecution of author, actor, photographer, publisher, distributor, or other party whose acts were performed outside the state, 16 ALR4th 1318.
Processor's right to refuse to process or return film or video tape of obscene subject, 18 ALR4th 1326.
Validity and application of statute exempting nonmanagerial, nonfinancially interested employees from obscenity prosecution, 35 ALR4th 1237.