Georgia Code
Article 2 - Sexual Offender Registration Review Board
§ 42-1-12. State Sexual Offender Registry

(6.1) “Child care learning center” shall have the same meaning as set forth in paragraph (2) of Code Section 20-1A-2.
(8.1) “Criminal history record information” shall have the same meaning as set forth in Code Section 35-3-30.
(B.1) “Dangerous sexual offense” with respect to convictions occurring between July 1, 2015, and June 30, 2017, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:
(B.2) “Dangerous sexual offense” with respect to convictions occurring between July 1, 2017, and June 30, 2019, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:
(B.3) “Dangerous sexual offense” with respect to convictions occurring between July 1, 2019, and June 30, 2021, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:
(B.4) “Dangerous sexual offense” with respect to convictions occurring after June 30, 2021, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:
(F.1) If the place of residence is the status of homelessness, information as provided under paragraph (2.1) of subsection (f) of this Code section;
(c.1) The Department of Community Supervision shall keep all records of sexual offenders in a secure facility in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1 until official proof of death of a registered sexual offender; thereafter, the records shall be destroyed.
(2.1) In the case of a sexual offender whose place of residence is the status of homelessness, in lieu of the requirements of paragraph (2) of this subsection, register in person with the sheriff of the county in which the sexual offender sleeps within 72 hours after the sexual offender’s release from prison or placement on parole, supervised release, probation, or entry into this state and provide the location where he or she sleeps;
(4.1) (For effective date, see note.) In the case of a sexual offender who resides in a state or privately operated hospice facility, skilled nursing home, or residential health care facility, with the approval of the sheriff of the county where such sexual offender resides, the sexual offender may satisfy the annual registration requirements of paragraph (4) of this subsection by registering at any time during the sexual offender’s month of birth. Additionally, in the case of a sexual offender who resides in a state or privately operated hospice facility, skilled nursing home, or residential health care facility, with the approval of the sheriff of the county where such sexual offender resides, such sexual offender shall not be required to be fingerprinted pursuant to paragraph (4) of this subsection but the sheriff shall be authorized to photograph the offender;
shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for not less than five nor more than 30 years.
(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;
(iii) Trafficking a person for sexual servitude in violation of Code Section 16-5-46;
(iv) Rape in violation of Code Section 16-6-1;
(v) Sodomy in violation of Code Section 16-6-2;
(vi) Aggravated sodomy in violation of Code Section 16-6-2;
(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
(viii) Child molestation in violation of Code Section 16-6-4;
(ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;
(x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1;
(xii) Incest in violation of Code Section 16-6-22;
(xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1;
(xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2;
(xv) Sexual exploitation of children in violation of Code Section 16-12-100;
(xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
(xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2;
(xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or
(xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor.
(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;
(iii) Trafficking an individual for sexual servitude in violation of Code Section 16-5-46;
(iv) Rape in violation of Code Section 16-6-1;
(v) Sodomy in violation of Code Section 16-6-2;
(vi) Aggravated sodomy in violation of Code Section 16-6-2;
(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
(viii) Child molestation in violation of Code Section 16-6-4;
(ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;
(x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1;
(xii) Incest in violation of Code Section 16-6-22;
(xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1;
(xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2;
(xv) Sexual exploitation of children in violation of Code Section 16-12-100;
(xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
(xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2;
(xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or
(xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor.
(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;
(iii) Trafficking an individual for sexual servitude in violation of Code Section 16-5-46;
(iv) Rape in violation of Code Section 16-6-1;
(v) Sodomy in violation of Code Section 16-6-2;
(vi) Aggravated sodomy in violation of Code Section 16-6-2;
(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
(viii) Child molestation in violation of Code Section 16-6-4;
(ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;
(x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(xi) Improper sexual contact by employee or agent in the first or second degree in violation of Code Section 16-6-5.1, unless the punishment imposed was not subject to Code Section 17-10-6.2;
(xii) Incest in violation of Code Section 16-6-22;
(xiii) A second or subsequent conviction for sexual battery in violation of Code Section 16-6-22.1;
(xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2;
(xv) Sexual exploitation of children in violation of Code Section 16-12-100;
(xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
(xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2;
(xviii) A second or subsequent conviction for obscene telephone contact in violation of Code Section 16-12-100.3; or
(xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor.
(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;
(iii) Trafficking an individual for sexual servitude in violation of Code Section 16-5-46;
(iv) Rape in violation of Code Section 16-6-1;
(v) Sodomy in violation of Code Section 16-6-2;
(vi) Aggravated sodomy in violation of Code Section 16-6-2;
(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
(viii) Child molestation in violation of Code Section 16-6-4;
(ix) Aggravated child molestation in violation of Code Section 16-6-4;
(x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(xi) Improper sexual contact by employee or agent in the first or second degree or improper sexual contact by person in a position of trust in the first or second degree in violation of Code Section 16-6-5.1, unless the punishment imposed was not subject to Code Section 17-10-6.2;
(xii) Incest in violation of Code Section 16-6-22;
(xiii) A second or subsequent conviction for sexual battery in violation of Code Section 16-6-22.1;
(xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2;
(xv) Sexual exploitation of children in violation of Code Section 16-12-100;
(xvi) Computer pornography and child exploitation in violation of Code Section 16-12-100.2;
(xvii) A second or subsequent conviction for obscene telephone contact in violation of Code Section 16-12-100.3; or
(xviii) Any conduct which, by its nature, is a felony sexual offense against a victim who is a minor or an attempt to commit a felony sexual offense against a victim who is a minor.
(ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification;
(iii) Mail a nonforwardable verification form to the last reported address of the sexual offender within ten days prior to the sexual offender’s birthday;
(iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and
(v) Maintain records required under this Code section.
History. Code 1981, § 42-1-12 , enacted by Ga. L. 1996, p. 1520, § 1; Ga. L. 1997, p. 143, § 42; Ga. L. 1997, p. 380, § 1; Ga. L. 1998, p. 831, § 1; Ga. L. 1999, p. 81, § 42; Ga. L. 1999, p. 837, § 1; Ga. L. 2001, p. 1004, § 1; Ga. L. 2002, p. 571, § 1; Ga. L. 2002, p. 1400, §§ 1, 2; Ga. L. 2003, p. 140, § 42; Ga. L. 2003, p. 281, § 1; Ga. L. 2004, p. 645, § 5; Ga. L. 2004, p. 1064, §§ 1, 2; Ga. L. 2005, p. 453, § 1/HB 106; Ga. L. 2006, p. 72, § 42/SB 465; Ga. L. 2006, p. 379, § 24/HB 1059; Ga. L. 2008, p. 680, §§ 2, 3/SB 1; Ga. L. 2008, p. 810, §§ 3, 4/SB 474; Ga. L. 2009, p. 8, § 42/SB 46; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2010, p. 167, § 1/HB 651; Ga. L. 2010, p. 168, §§ 5, 6, 7, 8, 9, 10, 11/HB 571; Ga. L. 2011, p. 752, § 42/HB 142; Ga. L. 2012, p. 173, § 2-9/HB 665; Ga. L. 2013, p. 135, § 10/HB 354; Ga. L. 2015, p. 422, § 5-65/HB 310; Ga. L. 2015, p. 675, § 4-2/SB 8; Ga. L. 2017, p. 489, § 6/HB 341; Ga. L. 2019, p. 912, § 5/SB 9; Ga. L. 2020, p. 588, § 1/HB 983; Ga. L. 2021, p. 417, § 2/HB 495; Ga. L. 2021, p. 516, § 4/SB 117; Ga. L. 2022, p. 352, § 42/HB 1428.
The 2012 amendment, effective July 1, 2012, in paragraph (c)(5), inserted “in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1” and deleted “in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1” following “destroyed” at the end.
The 2013 amendment, effective July 1, 2013, deleted “day-care centers,” following “pre-kindergarten facilities,” in paragraph (a)(6); redesignated former paragraph (a)(10.1) as present paragraph (a)(6.1); and, in paragraph (a)(6.1), substituted “Child care learning center” for “Day-care center” at the beginning, and substituted “paragraph (2)” for “paragraph (4)” near the end.
The 2015 amendments.
The first 2015 amendment, effective July 1, 2015, substituted “Department of Community Supervision” for “Division of Probation of the Department of Corrections” in subparagraph (a)(2)(A); and added subsection (c.1). See Editor’s notes for applicability. The second 2015 amendment, effective July 1, 2015, substituted “occurring between July 1, 2006, and June 30, 2015,” for “occurring after June 30, 2006,” in the introductory paragraph of subparagraph (a)(10)(B); deleted “prevention” following “child exploitation” in division (a)(10)(B)(xvii); and added subparagraph (a)(10)(B.1) and subsection (r).
The 2017 amendment, effective July 1, 2017, in subparagraph (a)(10)(B.1), substituted “between July 1, 2015, and June 30, 2017” for “after June 30, 2015” near the beginning, and substituted “subparagraph” for “paragraph” near the middle; and added subparagraph (a)(10)(B.2).
The 2019 amendment, effective July 1, 2019, substituted “between July 1, 2017, and June 30, 2019” for “after June 30, 2017” near the beginning of subparagraph (a)(10)(B.2); and added subparagraph (a)(10)(B.3).
The 2020 amendment, effective January 1, 2021, deleted “and” at the end of subparagraph (a)(16)(J); substituted “; and” for a period at the end of subparagraph (a)(16)(K); added subparagraph (a)(16)(L) and paragraph (f)(4.1); and, in subsection (i), added “and” at the end of paragraph (i)(12), substituted a period for “; and” at the end of paragraph (i)(13), and deleted former paragraph (i)(14), which read: “Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the general fund.”
The 2021 amendments.
The first 2021 amendment, effective July 1, 2021, added paragraph (a)(9.1). The second 2021 amendment, effective July 1, 2021, substituted “occurring between July 1, 2019 and June 30, 2021” for “occurring after June 30, 2019” near the beginning of subparagraph (a)(10)(B.3); and added subparagraph (a)(10)(B.4).
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraph (a)(10)(B.3).
Cross references.
Development of model program for educating students regarding online safety, § 20-2-149 .
Residing near and photographing minors by registered sexual offenders, § 42-1-15 .
Code Commission notes.
The amendment of this Code section by Ga. L. 2002, p. 571, § 1, irreconcilably conflicted with and was treated as superceded by Ga. L. 2002, p. 1400, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).
The amendment of this Code section by Ga. L. 2006, p. 72, § 42/SB 465, irreconcilably conflicted with and was treated as superseded by Ga. L. 2006, p. 379, § 24/HB 1059. See County of Butts v. Strahan, 151 Ga. 417 (1921).
Pursuant to Code Section 28-9-5, in 2020, a semicolon was substituted for a period at the end of paragraph (f)(4.1).
Pursuant to Code Section 28-9-5, in 2021, paragraph (a)(9.1) was redesignated as paragraph (a)(8.1) to maintain alphabetical order.
Editor’s notes.
Ga. L. 2004, p. 1064, § 2, not codified by the General Assembly, provides that the amendment by that act shall apply to sentences imposed on or after July 1, 2004.
Ga. L. 2006, p. 379, § 24/HB 1059, effective July 1, 2006, repealed the former Code section and enacted the current Code section covering substantially the same subject matter. The former Code section was based on Code 1981, § 42-1-12 , enacted by Ga. L. 1996, p. 1520, § 1; Ga. L. 1997, p. 143, § 42; Ga. L. 1997, p. 380, § 1; Ga. L. 1998, p. 831, § 1; Ga. L. 1999, p. 81, § 42; Ga. L. 1999, p. 837, § 1; Ga. L. 2001, p. 1004, § 1; Ga. L. 2002, p. 571, § 1; Ga. L. 2002, p. 1400, §§ 1, 2; Ga. L. 2003, p. 140, § 42; Ga. L. 2003, p. 281, § 1; Ga. L. 2004, p. 645, § 5; Ga. L. 2004, p. 1064, §§ 1, 2; Ga. L. 2005, p. 453, § 1/HB 106.
Ga. L. 2006, p. 379, § 30/HB 1059, not codified by the General Assembly, provides, in part, that: “(b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections.
“(c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Ga. L. 2015, p. 675, § 1-1/SB 8, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Safe Harbor/Rachel’s Law Act.’ ”
Ga. L. 2015, p. 675, § 1-2/SB 8, not codified by the General Assembly, provides that: “(a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their feelings of low self esteem, making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable assessments and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that allow the sale, possession, or consumption of alcohol on premises and that provide to their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. The General Assembly acknowledges that many local governments in this state and in other states found deleterious secondary effects of adult entertainment establishments are exacerbated by the sale, possession, or consumption of alcohol in such establishments.
“(b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing assessments and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state.”
Administrative rules and regulations.
The Georgia Sexually Violent Offender Registry, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Crime Information Center Council, Practice and Procedure, Chapter 140-2.
Law reviews.
For annual survey article discussing developments in criminal law, see 52 Mercer L. Rev. 167 (2000).
For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006).
For survey article on criminal law, see 60 Mercer L. Rev. 85 (2008).
For article, “ ‘Sexting’ to Minors in a Rapidly Evolving Digital Age: Frix v. State Establishes the Applicability of Georgia’s Obscenity Statutes to Text Messages,” see 61 Mercer L. Rev. 1283 (2010).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 43 (2015).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For article, “Disrupting Victim Exploitation,” see 69 Mercer L. Rev. 805 (2018).
For review of 1996 department of corrections legislation, see 13 Ga. U. L. Rev. 257 (1996).
For note, “A Mandate Without a Duty: The Apparent Scope of Georgia’s Megan’s Law,” see 15 Ga. St. U.L. Rev. 1131 (1999).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 227 (2001).
For note on the 2003 amendment to this section, see 20 Ga. St. U.L. Rev. 217 (2003).

Structure Georgia Code