Georgia Code
Article 3 - Kidnapping, False Imprisonment, and Related Offenses
§ 16-5-46. Trafficking of Persons for Labor or Sexual Servitude

(5.1) “Peace officer” shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section 35-8-2.
History. Code 1981, § 16-5-46 , enacted by Ga. L. 2006, p. 105, § 3/SB 529; Ga. L. 2011, p. 217, § 1/HB 200; Ga. L. 2015, p. 693, § 2-2/HB 233; Ga. L. 2016, p. 377, § 1/HB 770; Ga. L. 2017, p. 489, § 1/HB 341; Ga. L. 2017, p. 774, § 16/HB 323; Ga. L. 2018, p. 628, § 1/HB 732; Ga. L. 2019, p. 74, § 1-5/SB 158; Ga. L. 2019, p. 81, § 2/HB 424; Ga. L. 2020, p. 29, § 1/SB 394; Ga. L. 2020, p. 240, § 1/HB 823.
The 2017 amendments.
The first 2017 amendment, effective July 1 2017, substituted the present provisions of subsection (c) for the former provisions, which read: “A person commits the offense of trafficking a person for sexual servitude when that person knowingly subjects another person to or maintains another person in sexual servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of sexual servitude.”; deleted “or sexual” following “individual for labor” in the middle of paragraph (f)(1) and near the beginning of paragraph (f)(2); in paragraph (f)(2), deleted “under the age of 18 years shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years and a fine not to exceed $100,000.00; provided, however, that if the offense is committed against an individual” following “individual who is” near the middle, and deleted “or sexual servitude” following “trafficked for labor” in the middle; and added paragraphs (f)(3) through (f)(5). The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, redesignated former paragraph (a)(1) as present paragraph (a)(4), and redesignated former paragraphs (a)(2) through (a)(4) as present paragraphs (a)(1) through (a)(3), respectively.
The 2018 amendment, effective July 1, 2018, inserted “or patronizes” near the beginning of paragraph (c)(3) and substituted “16 years of age or older” for “16 or 17 years of age” in the middle of the second sentence of paragraph (f)(5).
The 2019 amendments.
The first 2019 amendment, effective July 1, 2019, in subsection (c), inserted “solicits, patronizes,” in paragraph (c)(2), and rewrote paragraph (c)(3), which formerly read: “Solicits or patronizes by any means an individual to perform sexually explicit conduct on behalf of such person when such individual is the subject of sexual servitude.”; and, in subsection (f), inserted “or sexual servitude” in paragraphs (f)(1) and (f)(2), and deleted “and such individual under the age of 18 years was coerced or deceived into being trafficked for labor” following “18 years of age” in paragraph (f)(2). See Editor’s note for applicability. The second 2019 amendment, effective April 18, 2019, inserted “or sexual servitude” in paragraphs (f)(1) and (f)(2); deleted “and such individual under the age of 18 years was coerced or deceived into being trafficked for labor” following “18 years of age” in the middle of paragraph (f)(2); deleted former paragraph (f)(3), which read: “Except as provided in paragraph (4) of this subsection, any person who violates paragraph (1) or (2) of subsection (c) of this Code section shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years.”; deleted former paragraph (f)(4), which read: “Any person who violates paragraph (1) or (2) of subsection (c) of this Code section committed against an individual under 18 years of age and such individual under the age of 18 years was coerced or deceived into such violation or if such violation is committed against an individual who has a developmental disability, such person shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than 25 nor more than 50 years or life imprisonment.”; and deleted former paragraph (f)(5), which read: “Any person who violates paragraph (3) of subsection (c) of this Code section shall be guilty of a felony. When such offense is committed against an individual who is 16 years of age or older, upon conviction, such person shall be punished by imprisonment for not less than five nor more than 20 years. When such offense is committed against an individual who is younger than 16 years of age or an individual known to have a developmental disability, upon conviction, such person shall be punished by imprisonment for not less than ten nor more than 20 years.”
The 2020 amendments.
The first 2020 amendment, effective July 1, 2020, added paragraph (a)(5.1) and, in subsection (h), designated the existing provisions as paragraph (h)(1) and added paragraph (h)(2). The second 2020 amendment, effective July 21, 2020, added subsection (l). See the Editor’s notes for applicability.
Cross references.
Education awareness program on human trafficking, § 20-2-142 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2011, a comma was inserted following “of this subsection” in paragraph (f)(1).
Editor’s notes.
Ga. L. 2006, p. 105, § 1/SB 529, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Georgia Security and Immigration Compliance Act.’ All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law.”
Ga. L. 2006, p. 105, § 10(b)/SB 529, not codified by the General Assembly, provides that this Code section shall not apply to any offense committed prior to July 1, 2007.
Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: “This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.”
Ga. L. 2019, p. 74, § 1-1/SB 158, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Anti-Human Trafficking Protective Response Act.’ ”
Ga. L. 2019, p. 74, § 3-1/SB 158, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2019, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2019, shall be governed by the statute in effect at the time of such offense, and any resulting conviction shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction.”
Ga. L. 2020, p. 240, § 3/HB 823, not codified by the General Assembly, provides that the addition of subsection (l) shall apply to offenses committed on or after July 21, 2020.
Law reviews.
For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 247 (2006).
For annual survey of labor and employment law, see 58 Mercer L. Rev. 211 (2006).
For article, “The Georgia Security and Immigration Compliance Act: Comprehensive Immigration Reform in Georgia — ‘Think Globally . . . Act Locally’,” see 13 Ga. St. B. J. 14 (2007).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 131 (2011).
For article, “Crimes and Offenses: Crimes Against the Person,” see 28 Ga. St. U. L. Rev. 131 (2011).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 63 (2019).
For article, “SB 33: Civil Cause of Action Against Human Traffickers,” see 38 Ga. St. U.L. Rev. 241 (2021).