SB51.html

Code Section 16-12-100.2 of the Official Code of Georgia Annotated, known as the "Computer Pornography and Child Exploitation Prevention Act of 1999," is amended by striking subsections (d) and (e) of said Code section and inserting in its place the following:
"(d)(1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice~~, or attempt to seduce, solicit, lure, or entice a child or~~ another person ~~believed by~~ , knowing or believing such person to be a child, to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency; or to engage in any conduct that by its nature is an unlawful sexual offense against a child.
(2) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service, Internet service, or local bulletin board service to attempt to seduce, solicit, lure, or entice another person, knowing or believing such person to be a child, to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency; or to engage in any conduct that by its nature is an unlawful sexual offense against a child.
~~(2)~~(3) Any person who violates paragraph (1) of this subsection shall be guilty of a ~~misdemeanor of a high and aggravated nature~~ felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years or by a fine not to exceed $50,000.00 or both. Upon a first conviction of a violation of paragraph (1) of this subsection, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of professional counseling as considered appropriate by the judge. However, if the judge finds that such probation should not be imposed, the judge shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of such offense, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent such offense, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
(4) Any person who violates paragraph (2) of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than ten years or by a fine not to exceed $25,000.00 or both. The judge may probate the sentence, and such probation may be upon the special condition that the defendant undergo a mandatory period of professional counseling as considered appropriate by the judge.
(e)(1) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate this Code section.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a ~~misdemeanor of a high and aggravated nature~~ felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years or by a fine not to exceed $50,000.00 or both."