{
  "batch": "6642-georgia-obscenity-and-distribution",
  "articles": [
    {
      "id": "learn_r6642_georgia_obscenity_and_distribution_6642_georgia_obscenity_and_distribution_anchor",
      "category": "Safety",
      "title": "[Unverified - being checked] Act heading naming 16-12-105",
      "summary": "[Unverified - being checked] Act 206 (HB 156, 2013) revises Code Section 16-12-105 of the Official Code of Georgia Annotated, relating to penalties for violating Code Sections 16-12-103 and 16-12-104, the harmful-to-minors distribution sections.",
      "body": "Act 206 (HB 156, 2013) revises Code Section 16-12-105 of the Official Code of Georgia Annotated, relating to penalties for violating Code Sections 16-12-103 and 16-12-104, the harmful-to-minors distribution sections.\n\nWhat Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov) actually says:\n\n“Code Section 16-12-105, relating to penalties for violating Code Sections 16-12-103 and 16-12-104”\n\nNote: From Act 206 (HB 156, 2013-2014 session) as passed; the Act prints the Code text it enacts. Anchor record: the General Assembly's own site, state .gov domain. Act 206 is from the 2013-14 session; later Acts may have changed these sections.",
      "source_type": "official",
      "source_link": "https://www.legis.ga.gov/api/legislation/document/20132014/136927",
      "last_verified": "2026-10-18",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov)",
      "evidence_quote": "Code Section 16-12-105, relating to penalties for violating Code Sections 16-12-103 and 16-12-104",
      "volatility": "medium",
      "from_batch": "6642-georgia-obscenity-and-distribution",
      "subject": "O.C.G.A. 16-12-105",
      "topic": "Act heading naming 16-12-105",
      "applies_to_country": "US",
      "applies_to_scope": "GA",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ga"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ga"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r6642_georgia_obscenity_and_distribution_6642_georgia_obscenity_and_distribution_p105b",
      "category": "Safety",
      "title": "[Unverified - being checked] O.C.G.A. 16-12-105(b): Reduced penalty where the minor depicted was 14 or older and consented",
      "summary": "[Unverified - being checked] O.C.G.A. 16-12-105(b): violating 16-12-103(a) is a misdemeanor, not the higher offence, if the person depicted was at least 14, the items were furnished with that minor's permission, and the defendant was 18 or younger.",
      "body": "O.C.G.A. 16-12-105(b): violating 16-12-103(a) is a misdemeanor, not the higher offence, if the person depicted was at least 14, the items were furnished with that minor's permission, and the defendant was 18 or younger.\n\nWhat Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov) actually says:\n\n“(b) Any person who violates subsection (a) of Code Section 16-12-103 shall be guilty of a misdemeanor if: (1) The person depicted was at least 14 years of age; (2) The items described in subsection (a) of Code Section 16-12-103 were furnished or disseminated with the permission of the minor depicted; and (3) The defendant was 18 years of age or younger at the time of the offense.”\n\nNote: From Act 206 (HB 156, 2013-2014 session) as passed; the Act prints the Code text it enacts.",
      "source_type": "official",
      "source_link": "https://www.legis.ga.gov/api/legislation/document/20132014/136927",
      "last_verified": "2026-10-18",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov)",
      "evidence_quote": "(b) Any person who violates subsection (a) of Code Section 16-12-103 shall be guilty of a misdemeanor if: (1) The person depicted was at least 14 years of age; (2) The items described in subsection (a) of Code Section 16-12-103 were furnished or disseminated with the permission of the minor depicted; and (3) The defendant was 18 years of age or younger at the time of the offense.",
      "volatility": "medium",
      "from_batch": "6642-georgia-obscenity-and-distribution",
      "subject": "O.C.G.A. 16-12-105(b)",
      "topic": "Reduced penalty where the minor depicted was 14 or older and consented",
      "applies_to_country": "US",
      "applies_to_scope": "GA",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ga"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ga"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r6642_georgia_obscenity_and_distribution_6642_georgia_obscenity_and_distribution_p1001",
      "category": "Safety",
      "title": "[Unverified - being checked] O.C.G.A. 16-12-100.1: Electronically furnishing obscene materials to minors: reduced penalty",
      "summary": "[Unverified - being checked] O.C.G.A. 16-12-100.1(d) (Act 206, 2013): electronically furnishing obscene materials to a minor is a misdemeanor, rather than a misdemeanor of a high and aggravated nature, if the minor was at least 14, the receipt was with the minor's permission and the defendant was 18 or younger.",
      "body": "O.C.G.A. 16-12-100.1(d) (Act 206, 2013): electronically furnishing obscene materials to a minor is a misdemeanor, rather than a misdemeanor of a high and aggravated nature, if the minor was at least 14, the receipt was with the minor's permission and the defendant was 18 or younger.\n\nWhat Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov) actually says:\n\n“(d) Any person who violates this Code section shall be guilty of a misdemeanor if: (1) At the time of the offense, the minor receiving the obscene materials was at least 14 years of age; (2) The receipt of the materials was with the permission of the minor; and (3) The defendant was 18 years of age or younger.”\n\nNote: From Act 206 (HB 156, 2013-2014 session) as passed; the Act prints the Code text it enacts.",
      "source_type": "official",
      "source_link": "https://www.legis.ga.gov/api/legislation/document/20132014/136927",
      "last_verified": "2026-10-18",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov)",
      "evidence_quote": "(d) Any person who violates this Code section shall be guilty of a misdemeanor if: (1) At the time of the offense, the minor receiving the obscene materials was at least 14 years of age; (2) The receipt of the materials was with the permission of the minor; and (3) The defendant was 18 years of age or younger.",
      "volatility": "medium",
      "from_batch": "6642-georgia-obscenity-and-distribution",
      "subject": "O.C.G.A. 16-12-100.1",
      "topic": "Electronically furnishing obscene materials to minors: reduced penalty",
      "applies_to_country": "US",
      "applies_to_scope": "GA",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ga"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ga"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r6642_georgia_obscenity_and_distribution_6642_georgia_obscenity_and_distribution_hm",
      "category": "Safety",
      "title": "[Unverified - being checked] O.C.G.A. 39-5-5(a)(4): 'Material harmful to minors' (website age verification)",
      "summary": "[Unverified - being checked] O.C.G.A. 39-5-5(a)(4) (Act 463, SB 351, 2024) defines material harmful to minors by a prurient-interest standard, patently offensive displays of nipples of the female breast, pubic hair, anus, vulva or genitals, touching of nipples, breasts, buttocks, anus or genitals, or any sexual act, and lack of serious literary, artistic, political or scientific value for minors.",
      "body": "O.C.G.A. 39-5-5(a)(4) (Act 463, SB 351, 2024) defines material harmful to minors by a prurient-interest standard, patently offensive displays of nipples of the female breast, pubic hair, anus, vulva or genitals, touching of nipples, breasts, buttocks, anus or genitals, or any sexual act, and lack of serious literary, artistic, political or scientific value for minors.\n\nWhat Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov) actually says:\n\n“(4) 'Material harmful to minors' means: (A) Any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, prurient interest; (B) Any of the following materials that exploit, are devoted to, or principally consist of descriptions of actual, simulated, or animated displays or depictions of any of the following, in a manner patently offensive with respect to minors: (i) Nipple of the female breast, pubic hair, anus, vulva, or genitals; (ii) Touching, caressing, or fondling of nipples, breasts, buttocks, the anus, or genitals; or (iii) Any sexual act, including, but not limited to, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, and exhibitions of sexual acts; or (C) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.”\n\nNote: From Act 463 (SB 351, 2023-2024 session) as passed; the Act prints the Code text it enacts. Applies to commercial entities publishing on a public website; 'minor' means under 18 (39-5-5(a)(5)).",
      "source_type": "official",
      "source_link": "https://www.legis.ga.gov/api/legislation/document/20232024/229669",
      "last_verified": "2026-10-18",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov)",
      "evidence_quote": "(4) 'Material harmful to minors' means: (A) Any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, prurient interest; (B) Any of the following materials that exploit, are devoted to, or principally consist of descriptions of actual, simulated, or animated displays or depictions of any of the following, in a manner patently offensive with respect to minors: (i) Nipple of the female breast, pubic hair, anus, vulva, or genitals; (ii) Touching, caressing, or fondling of nipples, breasts, buttocks, the anus, or genitals; or (iii) Any sexual act, including, but not limited to, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, and exhibitions of sexual acts; or (C) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.",
      "volatility": "low",
      "from_batch": "6642-georgia-obscenity-and-distribution",
      "subject": "O.C.G.A. 39-5-5(a)(4)",
      "topic": "'Material harmful to minors' (website age verification)",
      "applies_to_country": "US",
      "applies_to_scope": "GA",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ga"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ga"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r6642_georgia_obscenity_and_distribution_6642_georgia_obscenity_and_distribution_liab",
      "category": "Safety",
      "title": "[Unverified - being checked] O.C.G.A. 39-5-5(c)(1): Liability of a commercial entity that publishes harmful material without age verification",
      "summary": "[Unverified - being checked] O.C.G.A. 39-5-5(c)(1): a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a public website with a substantial portion of such material is liable if it fails to perform reasonable age verification of the person accessing it.",
      "body": "O.C.G.A. 39-5-5(c)(1): a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a public website with a substantial portion of such material is liable if it fails to perform reasonable age verification of the person accessing it.\n\nWhat Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov) actually says:\n\n“(c)(1) A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on a public website which contains a substantial portion of material that is harmful to minors is liable if the commercial entity fails to perform”\n\nNote: From Act 463 (SB 351, 2023-2024 session) as passed; the Act prints the Code text it enacts. Adults 18+ are not barred; the section regulates access gating, not the content.",
      "source_type": "official",
      "source_link": "https://www.legis.ga.gov/api/legislation/document/20232024/229669",
      "last_verified": "2026-10-18",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov)",
      "evidence_quote": "(c)(1) A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on a public website which contains a substantial portion of material that is harmful to minors is liable if the commercial entity fails to perform",
      "volatility": "low",
      "from_batch": "6642-georgia-obscenity-and-distribution",
      "subject": "O.C.G.A. 39-5-5(c)(1)",
      "topic": "Liability of a commercial entity that publishes harmful material without age verification",
      "applies_to_country": "US",
      "applies_to_scope": "GA",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ga"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ga"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r6642_georgia_obscenity_and_distribution_6642_georgia_obscenity_and_distribution_fine",
      "category": "Safety",
      "title": "[Unverified - being checked] O.C.G.A. 39-5-5(c)(3): Fine up to $10,000 per violation",
      "summary": "[Unverified - being checked] O.C.G.A. 39-5-5(c)(3): a commercial entity that violates the section is subject to a fine of up to $10,000 for each violation, set by the superior court in the county where an affected minor resides, in proceedings the Attorney General, solicitor general or district attorney brings within one year.",
      "body": "O.C.G.A. 39-5-5(c)(3): a commercial entity that violates the section is subject to a fine of up to $10,000 for each violation, set by the superior court in the county where an affected minor resides, in proceedings the Attorney General, solicitor general or district attorney brings within one year.\n\nWhat Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov) actually says:\n\n“(3) A commercial entity that violates this Code section shall be subject to a fine of up to $10,000.00 for each violation, the amount of which shall be determined by the superior court in the county in which any affected minor resides. The Attorney General or solicitor general or district attorney having jurisdiction shall institute proceedings to impose such fine within one year of the violation.”\n\nNote: From Act 463 (SB 351, 2023-2024 session) as passed; the Act prints the Code text it enacts.",
      "source_type": "official",
      "source_link": "https://www.legis.ga.gov/api/legislation/document/20232024/229669",
      "last_verified": "2026-10-18",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov)",
      "evidence_quote": "(3) A commercial entity that violates this Code section shall be subject to a fine of up to $10,000.00 for each violation, the amount of which shall be determined by the superior court in the county in which any affected minor resides. The Attorney General or solicitor general or district attorney having jurisdiction shall institute proceedings to impose such fine within one year of the violation.",
      "volatility": "low",
      "from_batch": "6642-georgia-obscenity-and-distribution",
      "subject": "O.C.G.A. 39-5-5(c)(3)",
      "topic": "Fine up to $10,000 per violation",
      "applies_to_country": "US",
      "applies_to_scope": "GA",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ga"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ga"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r6642_georgia_obscenity_and_distribution_6642_georgia_obscenity_and_distribution_dam",
      "category": "Safety",
      "title": "[Unverified - being checked] O.C.G.A. 39-5-5(c)(2): Private damages",
      "summary": "[Unverified - being checked] O.C.G.A. 39-5-5(c)(2): a commercial entity that violates the section is liable to an individual for damages resulting from a minor accessing material harmful to minors, including court costs and reasonable attorneys' fees.",
      "body": "O.C.G.A. 39-5-5(c)(2): a commercial entity that violates the section is liable to an individual for damages resulting from a minor accessing material harmful to minors, including court costs and reasonable attorneys' fees.\n\nWhat Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov) actually says:\n\n“(2) A commercial entity that violates this Code section is liable to an individual for damages resulting from a minor accessing material harmful to minors, including court costs and reasonable attorneys' fees as ordered by the court.”\n\nNote: From Act 463 (SB 351, 2023-2024 session) as passed; the Act prints the Code text it enacts.",
      "source_type": "official",
      "source_link": "https://www.legis.ga.gov/api/legislation/document/20232024/229669",
      "last_verified": "2026-10-18",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov)",
      "evidence_quote": "(2) A commercial entity that violates this Code section is liable to an individual for damages resulting from a minor accessing material harmful to minors, including court costs and reasonable attorneys' fees as ordered by the court.",
      "volatility": "low",
      "from_batch": "6642-georgia-obscenity-and-distribution",
      "subject": "O.C.G.A. 39-5-5(c)(2)",
      "topic": "Private damages",
      "applies_to_country": "US",
      "applies_to_scope": "GA",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ga"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ga"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r6642_georgia_obscenity_and_distribution_6642_georgia_obscenity_and_distribution_news",
      "category": "Safety",
      "title": "[Unverified - being checked] O.C.G.A. 39-5-5(e): Exceptions",
      "summary": "[Unverified - being checked] O.C.G.A. 39-5-5(e): the section does not apply to news or public interest broadcasts, public website video, reports or events, does not affect news-gathering organizations, and does not apply to cloud service providers.",
      "body": "O.C.G.A. 39-5-5(e): the section does not apply to news or public interest broadcasts, public website video, reports or events, does not affect news-gathering organizations, and does not apply to cloud service providers.\n\nWhat Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov) actually says:\n\n“(e) This Code section shall not: (1) Apply to a news or public interest broadcast, public website video, report, or event; (2) Affect the rights of a news-gathering organization; or (3) Apply to cloud service providers.”\n\nNote: From Act 463 (SB 351, 2023-2024 session) as passed; the Act prints the Code text it enacts.",
      "source_type": "official",
      "source_link": "https://www.legis.ga.gov/api/legislation/document/20232024/229669",
      "last_verified": "2026-10-18",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Georgia General Assembly (Act of the General Assembly, www.legis.ga.gov)",
      "evidence_quote": "(e) This Code section shall not: (1) Apply to a news or public interest broadcast, public website video, report, or event; (2) Affect the rights of a news-gathering organization; or (3) Apply to cloud service providers.",
      "volatility": "low",
      "from_batch": "6642-georgia-obscenity-and-distribution",
      "subject": "O.C.G.A. 39-5-5(e)",
      "topic": "Exceptions",
      "applies_to_country": "US",
      "applies_to_scope": "GA",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ga"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-ga"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}