(a) This Code section shall be known and may be cited as the
"Computer Pornography and Child Exploitation Prevention Act of
1999." (b) As used in this Code section, the term "child" means any person
under the age of 16 years. (c)(1) A person commits the offense of computer pornography if
such person intentionally or willfully: (A) Compiles, enters into, or transmits by means of computer; (B) Makes, prints, publishes, or reproduces by other
computerized means; (C) Causes or allows to be entered into or transmitted by means
of computer; or (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any child's name,
telephone number, place of residence, physical characteristics, or
other descriptive or identifying information for the purpose of
offering or soliciting sexual conduct of or with any child or the
visual depiction of such conduct. (2) Any person convicted of violating paragraph (1) of this
subsection shall be punished by a fine of not more than $10,000.00
or by imprisonment for not less than one nor more than 20 years,
or both. (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 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) Any person who violates paragraph (1) of this subsection shall
be guilty of a misdemeanor of a high and aggravated nature. (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.
(f) The sole fact that an undercover operative or law enforcement
officer was involved in the detection and investigation of an
offense under this Code section shall not constitute a defense to
prosecution under this Code section. (g) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state. (h) Any violation of this Code section shall constitute a separate
offense. |