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GA HB671

GA HB671
Torts; right of action against any person who knowingly or negligently engages in sexually explicit conduct in the presence of a minor; provide


summary

Introduced
02/27/2025
In Committee
03/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions as pertaining to torts, so as to provide for a right of action against any person who knowingly or negligently engages in restricted sexual conduct in the presence of a minor or who knowingly or negligently allows, permits, encourages, or requires a minor to be present while another engages in sexually explicit conduct in the presence of such minor; to provide for the Department of Public Health and the Department of Revenue to fine or suspend or revoke certain business licenses where such establishment admits a minor to be present while another engages in sexually explicit conduct or restricted sexual conduct; to provide for penalties; to provide for defenses; to provide for damages; to provide for limitations; to provide for definitions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill creates a new legal provision in Georgia law that allows individuals to sue someone who knowingly or negligently exposes a minor to sexually explicit or sexually provocative conduct. Under the proposed law, any person who engages in sexually explicit conduct in the presence of a minor, or who allows a minor to be present during such conduct, can be held liable for resulting damages. The bill provides specific definitions for terms like "minor" (under 18 years old) and "sexually explicit conduct" and establishes penalties for businesses, such as hotels or food service establishments, that permit such conduct in the presence of minors. The Department of Public Health can issue fines up to $50,000 for a first violation and $100,000 for subsequent violations, while the Department of Revenue can suspend or revoke alcohol licenses for such infractions. The law offers some defenses, such as if the accused reasonably believed the minor was over 18 and was presented with official documentation indicating such. Notably, having a parent or guardian present does not serve as a defense. The bill allows the prevailing party in such lawsuits to recover court costs and attorney's fees, and sets a four-year statute of limitations for bringing such actions. This legislation will apply to causes of action arising on or after July 1, 2025.

Committee Categories

Justice

Sponsors (6)

Last Action

House Withdrawn, Recommitted (on 04/04/2025)

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