Selling, Loaning, Distributing, or Exhibiting Obscene Materials to a Minor

Have You Been Charged with Selling, Loaning, Distributing, or Exhibiting Obscene Materials to a Minor in Georgia?

Crimes involving obscene materials are heavily regulated in Georgia especially when it comes to minors. In Georgia, a person under the age of 18 defines the term “minor.” A conviction for an obscenity-related crime comes with severe consequences. Remember that a charge is not the same as a conviction. The Law Offices of Lawson and Berry have over 50 combined years of criminal defense experience. We are here to assist you and help you achieve the best outcome possible for your case. Contact us now for a free case evaluation.

Georgia Code O.C.G.A. §16-12-103

There are multiple ways a person can violate O.C.G.A. §16-12-103. The statute can be found below but if you have any questions, contact one of our Georgia Criminal Defense Attorneys today. 

(a) It shall be unlawful for any person knowingly to sell or loan for monetary consideration or otherwise furnish or disseminate to a minor:

  • Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or
  • Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors. 

Selling or Furnishing Admission Tickets to a Motion Picture, Show, or other Presentation to a Minor 

(b)It shall be unlawful for any person knowingly to sell or furnish to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises.

  • It shall be unlawful for any person knowingly to sell or to furnish to a person under the age of 21 an admission ticket or pass or knowingly to admit a person under the age of 21 to premises whereon there is exhibited a show or performance which is harmful to minors and which, in whole or in part, consists of sexually explicit nudity on the part of one or more live performers; sexual conduct on the part of one or more live performers; or sadomasochistic abuse on the part of one or more live performers.

It is also unlawful for a person to misrepresent their age or make a false statement that they are the parent or guardian of a minor. 

(c) It shall be unlawful for any person to falsely represent his or her age to any person mentioned in subsection (a) or subsection (b) of this Code section or to his or her agent with the intent to unlawfully procure any material set forth in subsection (a) of this Code section or with the intent to unlawfully procure such person's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.

(d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his or her agent that he or she is the parent or guardian of any minor or knowingly to make a false representation with respect to the age of another person with the intent to unlawfully procure for such other person any material set forth in subsection (a) of this Code section or with the intent to unlawfully procure such other person's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.

Exhibiting Materials at a Newsstand

(e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment or at any other public place frequented by minors or where minors are or may be invited as part of the general public:

(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or

(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.

Georgia Case Law

A man was convicted of exhibiting sexually explicit material to minors in the case of Windom v. State. 187 Ga. App. 18, (1998). The evidence provided showed that two victims, sisters aged seven and eight, lived with their mother in Windom's house for a year and a half. Mother found the girls awake one night after they had been left alone with Windom. Among other things, Windom admitted to showing X-rated movies and books to the girls. The Court found that there was sufficient evidence demonstrating Windom violated O.C.G.A. §16-12-103 and he was convicted of two counts of exhibiting sexual materials to minors.

Penalty for Selling, Loaning, Distributing, or Exhibiting Obscene Material to Minors in Georgia

A person who violates O.C.G.A. §16-12-103 is convicted will be guilty of a misdemeanor of a high and aggravated nature.

However, the accused will only be guilty of a misdemeanor if:

  • The person depicted was at least 14 years old
  • The items were disseminated with the permission of the depicted minor; and
  • The accused was 18 years old or younger at the time of the offense.

In Georgia, misdemeanor offenses carry a punishment of a maximum of $1,000 in fines, up to one year in jail, or both.

Defenses in Georgia

The material was not obscene: Evidence demonstrating the material shown to minors did not constitute obscene would be greatly beneficial. If you believe this defense applies to your case, contact one of our Georgia Attorneys immediately.

Lack of Evidence: If the prosecution fails to provide sufficient evidence that the accused violated the statute, then no crime has occurred.

Contact Us

A charge for a crime involving obscenity is not one to be taken lightly. Do not take a chance on representing yourself because you could be putting your future at stake. The Georgia Attorneys at Lawson and Berry care about your case just as much as you do. We will make every effort to achieve the best outcome possible and will walk you through every step of the criminal process. Contact us now and find out how we can assist with your case.

Contact Us Today for Immediate Help

The time is now to start preparing your defense! Many times people lose the opportunity to put on their best defense because they wait. The importance of hiring a lawyer from the very beginning cannot be overstated! Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. All of these have a direct effect on the successful on your case. The time to begin your case and start prepping your defense is now! Contact us today to put on your best Georgia criminal defense!

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