GEORGIA STATE DEFINITIONS

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O.C.G.A. § 42-1-12

Current through the 2019 Regular Session of the General Assembly

§ 42-1-12. State Sexual Offender Registry

(a) As used in this article, the term:
(1) "Address" means the street or route address of the sexual offender's residence. For purposes of this Code section, the term shall not mean a post office box.
(2) "Appropriate official" means:
(A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Department of Community Supervision;
(B) With respect to a sexual offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee;
(C) With respect to a sexual offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and
(D) With respect to a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee.
(3) "Area where minors congregate" shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools.
(4) "Assessment criteria" means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense.
(5) "Board" means the Sexual Offender Registration Review Board.
(6) "Child care facility" means all public and private pre-kindergarten facilities, child care learning centers, preschool facilities, and long-term care facilities for children.
(6.1) "Child care learning center" shall have the same meaning as set forth in paragraph (2) of Code Section 20-1A-2.
(7) "Church" means a place of public religious worship.
(8) "Conviction" includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall be subject to the registration requirements of this Code section for the period of time prior to the defendant's discharge after completion of his or her sentence or upon the defendant being adjudicated guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section upon the defendant's discharge.
(9)
(A) "Criminal offense against a victim who is a minor" with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;
(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution; or
(vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor.
(B) "Criminal offense against a victim who is a minor" with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;
(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution;
(vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct;
(viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor's body engaged in sexually explicit conduct;
(ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct;
(x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or
(xi) Any conduct which, by its nature, is a sexual offense against a victim who is a minor.
(C) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a criminal offense against a victim who is a minor, and conduct which is adjudicated in juvenile court shall not be considered a criminal offense against a victim who is a minor.
(10)
(A) "Dangerous sexual offense" with respect to convictions occurring on or before June 30, 2006, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph 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:
(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
(ii) Rape in violation of Code Section 16-6-1;
(iii) Aggravated sodomy in violation of Code Section 16-6-2;
(iv) Aggravated child molestation in violation of Code Section 16-6-4; or
(v) Aggravated sexual battery in violation of Code Section 16-6-22.2.
(B) "Dangerous sexual offense" with respect to convictions occurring between July 1, 2006, and June 30, 2015, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph 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:
(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) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent;
(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.
(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:
(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.
(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:
(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.
(B.3) "Dangerous sexual offense" with respect to convictions occurring after 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:
(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.
(C) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a dangerous sexual offense, and conduct which is adjudicated in juvenile court shall not be considered a dangerous sexual offense.
(11) "Institution of higher education" means a private or public community college, state university, state college, or independent postsecondary institution.
(12) "Level I risk assessment classification" means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses.
(13) "Level II risk assessment classification" means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment.
(14) "Minor" means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense.
(15) "Public and community swimming pools" includes municipal, school, hotel, motel, or any pool to which access is granted in exchange for payment of a daily fee. The term includes apartment complex pools, country club pools, or subdivision pools which are open only to residents of the subdivision and their guests. This term does not include a private pool or hot tub serving a single-family dwelling and used only by the residents of the dwelling and their guests.
(16) "Required registration information" means:
(A) Name; social security number; age; race; sex; date of birth; height; weight; hair color; eye color; fingerprints; and photograph;
(B) Address, within this state or out of state, and, if applicable in addition to the address, a rural route address and a post office box;
(C) If the place of residence is a motor vehicle or trailer, the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer;
(D) If the place of residence is a mobile home, the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property;
(E) If the place of residence is a manufactured home, the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property;
(F) If the place of residence is a vessel, live-aboard vessel, or houseboat, the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat;
(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;
(G) Date of employment, place of any employment, and address of employer;
(H) Place of vocation and address of the place of vocation;
(I) Vehicle make, model, color, and license tag number;
(J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and
(K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release.
(17) "Risk assessment classification" means the notification level into which a sexual offender is placed based on the board's assessment.
(18) "School" means all public and private kindergarten, elementary, and secondary schools.
(19) "School bus stop" means a school bus stop as designated by local school boards of education or by a private school.
(20) "Sexual offender" means any individual:
(A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense;
(B) Who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor or a dangerous sexual offense; or
(C) Who is required to register pursuant to subsection (e) of this Code section.
(21) "Sexually dangerous predator" means a sexual offender:
(A) Who was designated as a sexually violent predator between July 1, 1996, and June 30, 2006; or
(B) Who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense.
(22) "Vocation" means any full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year.
Resource:
https://gbi.georgia.gov/42-1-12-state-sexual-offender-registry