Sexual abuse shall include consensual sex acts when the sex acts are between minors if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.
(A) Physicians licensed to practice medicine, physician assistants, interns, or residents;
(B) Hospital or medical personnel;
History. Code 1933, § 74-111, enacted by Ga. L. 1965, p. 588, § 1; Ga. L. 1968, p. 1196, § 1; Ga. L. 1973, p. 309, § 1; Ga. L. 1974, p. 438, § 1; Ga. L. 1977, p. 242, §§ 1-3; Ga. L. 1978, p. 2059, §§ 1, 2; Ga. L. 1980, p. 921, § 1; Ga. L. 1981, p. 1034, §§ 1-3; Ga. L. 1988, p. 1624, § 1; Ga. L. 1990, p. 1761, § 1; Ga. L. 1993, p. 1695, §§ 1, 1.1; Ga. L. 1994, p. 97, § 19; Ga. L. 1999, p. 81, § 19; Ga. L. 2006, p. 485, § 1/SB 442; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2009, p. 733, § 1/SB 69; Ga. L. 2012, p. 899, § 5-1/HB 1176; Ga. L. 2013, p. 141, § 19/HB 79; Ga. L. 2013, p. 294, § 4-23/HB 242; Ga. L. 2013, p. 524, § 2-1/HB 78; Ga. L. 2015, p. 906, § 1/HB 268; Ga. L. 2016, p. 773, § 2/HB 905; Ga. L. 2017, p. 343, § 1/HB 86; Ga. L. 2017, p. 774, § 19/HB 323; Ga. L. 2019, p. 824, § 2/HB 64; Ga. L. 2019, p. 893, § 9/SB 225; Ga. L. 2021, p. 134, § 12/SB 28.
The 2016 amendment, effective July 1, 2016, added subparagraph (b)(4)(C); redesignated former subparagraphs (b)(4)(C) and (b)(4)(D) as present subparagraphs (b)(4)(D) and (b)(4)(E), respectively; substituted “abused” for “ ‘abused’ ” near the end of the undesignated language following present subparagraph (b)(4)(E); added paragraph (b)(6.1); inserted “the” preceding “federal Health Insurance” in the middle of subparagraph (b)(7)(D); substituted “such person’s” for “that person’s” in paragraph (b)(10); and substituted the present provisions of the undesignated language following subparagraph (b)(10)(I) for the former provisions, which read: “ ‘Sexual abuse’ shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.”
The 2017 amendments. —
The first 2017 amendment, effective May 8, 2017, in paragraph (b)(10), deleted “or” at the end of subparagraph (b)(10)(H), substituted “; or” for the period at the end of subparagraph (b)(10)(I), and added subparagraph (b)(10)(J). The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “provided that such participation” for “provided such participation” near the end of the first sentence of subsection (f).
The 2019 amendments. —
The first 2019 amendment, effective July 1, 2019, rewrote subsection (e) and substituted “services, an appropriate police authority, or military law enforcement” for “services or to an appropriate police authority” near the middle of the first sentence of subsection (f). The second 2019 amendment, effective May 7, 2019, inserted “, and individuals who otherwise provide information or assistance, including, but not limited to, medical evaluations or consultations, in connection with a report made” in the first sentence of subsection (f).
The 2021 amendment, effective January 1, 2022, added paragraph (b)(1); redesignated former paragraphs (b)(1) through (b)(6) as present paragraphs (b)(2) through (b)(7), respectively; deleted “or exploitation” after “Neglect” in subparagraph (b)(5)(B); substituted “parent, guardian, legal custodian, or other person responsible for the care of such child” for “parent or caretaker thereof” in subparagraphs (b)(5)(A) and (b)(5)(B); substituted “Emotional abuse of a child” for “Endangering a child” in subparagraph (b)(5)(C); in subparagraph (b)(5)(D), inserted “or sexual exploitation”, and deleted “or” at the end; substituted “Prenatal abuse of a child by a parent” for “Sexual exploitation of a child” in subparagraph (b)(5)(E); added subparagraphs (b)(5)(F) and (b)(5)(G); deleted the undesignated language following present subparagraph (b)(5)(G), which read: “However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an abused child.”; deleted former paragraph (b)(6.1), which read: “ ‘Endangering a child’ means:
“(A) Any act described by subsection (d) of Code Section 16-5-70;
“(B) Any act described by Code Section 16-5-73;
“(C) Any act described by subsection (l) of Code Section 40-6-391; or
“(D) Prenatal abuse, as such term is defined in Code Section 15-11-2.”; added paragraphs (b)(8) through (b)(12); redesignated former paragraph (b)(7) as present paragraph (b)(13); added paragraph (b)(14); redesignated former paragraphs (b)(8) through (b)(11) as present paragraphs (b)(15) through (b)(18), respectively; substituted “Sexual servitude, as defined in Code Section 16-5-46” for “Prostitution, as defined in Code Section 16-6-9” in subparagraph (b)(18)(A); and added subsection (j).
Cross references.
Freedom of religion, U.S. Const., amend. 1.
Religious opinions and freedom of religion, Ga. Const. 1983, Art. I, Sec. I, Para. IV.
Criminal penalty for cruelty to children, § 16-5-70 .
Battery, assault, stalking, and other offenses involving family members, § 19-13-1 et seq.
Toll-free number for reporting child abuse or neglect, § 20-2-324.4 .
Restriction of access to records concerning reports of child abuse and neglect, § 49-5-40 et seq.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1988, “willfully” was substituted for “wilfully” near the end of subsection (h) (formerly subsection (e)).
Pursuant to Code Section 28-9-5, in 1990, “provided” was substituted for “providing” in the first sentence of subsection (f).
Editor’s notes.
Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.”
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2019, p. 824, § 1/HB 64, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Protecting Military Children Act.’”
Administrative rules and regulations.
Student support, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Chapter 160-4-8.
Day care centers, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Family and Children Services, Subject 290-2-2.
Family day care homes, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Family and Children Services, Subject 290-2-3.
Rules and regulations for family child care learning homes, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Family and Children Services, Subject 290-2-5.
Rules and regulations for children’s transition care centers, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Family and Children Services, Subject 290-2-6.
Rules and regulations for outdoor child caring programs, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Family and Children Services, Subject 290-2-7.
Law reviews.
For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).
For article citing developments in Georgia juvenile court practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 167 (1981).
For annual survey of criminal law and procedure, see 41 Mercer L. Rev. 115 (1989).
For note on 1990 amendment of this Code section, see 7 Ga. St. U. L. Rev. 268 (1990).
For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 131 (1993).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For article, “See No Evil, Speak No Evil: Georgia Supreme Court Narrows Requirements for Mandatory Reporters in May v. State,” see 66 Mercer L. Rev. 837 (2015).
For comment, “Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia’s Children,” see 31 Ga. St. U.L. Rev. 643 (2015).
For note, “Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia’s Children,” see 31 Ga. St. U.L. Rev. 643 (2015).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For article with annual survey on administrative law, see 73 Mercer L. Rev. 1 (2021).