 |
|
|
| Georgia General Assembly |
SB35.html
01 LC 10 3322
Senate Bill
35
By: Senators Fort of the 39th, Hecht of
the 34th, Thomas of the 10th, Tate of the 38th
and Price of the 56th
A BILL TO BE
ENTITLED
AN ACT
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 provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Child
Sexual Commerce Prevention Act of 2001."
SECTION 2.
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.
SECTION 3.
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 an a sexual act,
including of sexual intercourse, for money or
other items of
value."
SECTION 4.
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
17 18 years to perform an act of prostitution or the
assembly of two or more persons under the age of 17 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, provided
that the minimum sentence shall be increased by two years for each year in age
below 17 years that the individual or individuals who form the basis of a
person´s conviction is at the time the offense is committed. In addition,
such convicted person may be fined not less than $2,500.00 nor more than
$10,00.00 or shall be imprisoned for not less than one year nor more
than five years, or both fined and imprisoned plus three times all
proceeds that the convicted person has received from any acts of pimping or
pandering. Adjudication of guilt or imposition of a sentence for a
subsequent offense of pimping or pandering involving a person under the
age of 17 18 years pursuant to this subsection,
including a plea of nolo contendere, shall not be suspended, probated, deferred,
or withheld."
SECTION 5.
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 female 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."
SECTION 6.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are
repealed.