SB33.html

To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the "Child Sexual Commerce Prevention Act of 2001"; to provide for legislative intent; to change the definition of the offense of prostitution; to change certain penalty provisions applicable to the offenses of pimping and pandering when such offenses under certain circumstances involve persons under the age of 18 years; to change the definition of the offense of pandering by compulsion; to change penalties relating to solicitation of sodomy; to provide an effective date; to repeal conflicting laws; and for other purposes.

The General Assembly acknowledges that children are increasingly induced, coerced, or compelled to perform sexual acts for the financial benefit of third parties. The General Assembly enacts this law to express its abhorrence for these practices and to better protect children from sexual exploitation.

Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety Code Section 16-6-9, relating to the offense of prostitution, and inserting in lieu thereof a new Code Section 16-6-9 to read as follows:
"16-6-9.
A person commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value."

Said chapter is further amended by striking in its entirety subsection (b) of Code Section 16-6-13, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A person convicted of pimping or pandering when such offense involves the pimping for or the solicitation of a person under the age of 18 years to perform an act of prostitution or the assembly of two or more persons under the age of 18 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and such convicted person shall be fined not less than $2,500.00 nor more than $10,000.00. Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense of pimping or pandering involving a person under the age of 18 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld."

Said chapter is further amended by striking in its entirety Code Section 16-6-14, relating to the offense of pandering by compulsion, and inserting in lieu thereof a new Code Section 16-6-14 to read as follows:
"16-6-14.
A person commits the offense of pandering by compulsion when he or she by duress or coercion causes a person to perform an act of prostitution and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years."

Said chapter is further amended by striking in its entirety subsection (b) of Code Section 16-6-15, relating to solicitation of sodomy, and inserting in lieu thereof a new subsection to read as follows:
"(b) A person convicted of solicitation of sodomy when such offense involves the solicitation of a person or persons under the age of 18 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years and shall be fined not less than $2,500.00 nor more than $10,000.00. "