10 LC
29 3967
Senate
Bill 304
By:
Senators Unterman of the 45th and Murphy of the 27th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating
to sexual offenses, so as to mandate a minimum age for the prosecution of the
offenses of prostitution and masturbation for hire; to provide for matters
related to prosecuting certain sexual offenses; to amend Titles 19 and 49 of the
Official Code of Georgia Annotated, relating to domestic relations and social
services, respectively, so as to expand the definition of prostitution; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual
offenses, is amended by revising Code Section 16-6-9, relating to prostitution,
as follows:
"16-6-9.
A
person who is
16 years of age or older 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."
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 16-6-16,
relating to masturbation for hire, as follows:
"(a)
A person who
is 16 years of age or older, including a
masseur or masseuse, commits the offense of masturbation for hire when he
or
she erotically stimulates the genital
organs of another, whether resulting in orgasm or not, by manual or other bodily
contact exclusive of sexual intercourse or by instrumental manipulation for
money or the substantial equivalent thereof."
SECTION
3.
Said
chapter is further amended by adding a new Code section to read as
follows:
"16-6-26.
The
inability to prosecute any person involved in an alleged act of prostitution
shall not bar prosecution of any other party charged with a violation of this
chapter nor serve as a defense to such
crime."
SECTION
4.
Title
19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by revising paragraph (4) of subsection (b) of Code Section 19-7-5,
relating to reporting of child abuse, as follows:
"(4)
'Sexual exploitation' means conduct by any person who allows, permits,
encourages, or requires that child to engage in:
(A)
Prostitution, as defined in Code Section
16-6-9,
notwithstanding the age of the child or the inability to prosecute the child for
such offense; or
(B)
Sexually explicit conduct for the purpose of producing any visual or print
medium depicting such conduct, as defined in Code Section
16-12-100."
SECTION
5.
Said
title is further amended by revising paragraph (12) of Code Section 19-15-1,
relating to definitions relative to child abuse, as follows:
"(12)
'Sexual exploitation' means conduct by any person who allows, permits,
encourages, or requires that child to engage in:
(A)
Prostitution, as defined in Code Section
16-6-9,
notwithstanding the age of the child or the inability to prosecute the child for
such offense; or
(B)
Sexually explicit conduct for the purpose of producing any visual or print
medium depicting such conduct, as defined in Code Section
16-12-100."
SECTION
6.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by revising paragraph (6) of subsection (a) of Code Section 49-5-40,
relating to definitions relative to child abuse and deprivation records, as
follows:
"(6)
'Sexual exploitation' means conduct by any person who allows, permits,
encourages, or requires that child to engage in:
(A)
Prostitution, as defined in Code Section
16-6-9,
notwithstanding the age of the child or the inability to prosecute the child for
such offense; or
(B)
Sexually explicit conduct for the purpose of producing any visual or print
medium depicting such conduct, as defined in Code Section
16-12-100."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.