Text of GA HB 840 (2024)

23 LC 49 1436 H. B. 840 - 1 - House Bill 840 By: Representatives Fleming of the 114th, McDonald of the 26th, Scoggins of the 14th, Barrett of the 24th, Crowe of the 118th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to 1 general provisions as pertaining to torts, so as to provide for a right of action against any 2 person who knowingly or negligently engages in sexually explicit conduct in the presence 3 of a minor or who knowingly or negligently allows, permits, encourages, or requires a minor 4 to be present while another engages in sexually explicit conduct in the presence of such 5 minor; to provide for defenses; to provide for damages; to provide for limitations; to provide 6 for definitions; to provide for applicability; to provide for related matters; to repeal 7 conflicting laws; and for other purposes. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 9 SECTION 1. 10 Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general 11 provisions as pertaining to torts, is amended by adding a new Code section to read as 12 follows: 13 "51-1-57. 14 (a) As used in this Code section, the term: 15 (1) 'Minor' means any person under the age of 18 years. 16 23 LC 49 1436 H. B. 840 - 2 - (2) 'Restricted sexual conduct' means: 17 (A) Sexually explicit descriptions of sexually explicit conduct; or 18 (B) Sexually provocative dances or gestures performed with accessories that 19 exaggerate male or female primary or secondary sexual characteristics. 20 (3) 'Sexually explicit conduct' shall have the same meaning as in Code Section 21 16-12-100. 22 (b) Any person who knowingly or negligently engages in sexually explicit conduct in the 23 presence of a minor shall be liable for the injury or damages caused by or resulting from 24 such engagement. 25 (c) Any person who knowingly or negligently allows, permits, encourages, or requires a 26 minor to be present while another engages in sexually explicit conduct in the presence of 27 such minor shall be liable for the injury or damages caused by or resulting from such 28 allowance, permission, encouragement, or requirement. 29 (d) Any person who knowingly or negligently engages in restricted sexual conduct in the 30 presence of a minor shall be liable for the injury or damages caused by or resulting from 31 such engagement. 32 (e) Any person who knowingly or negligently allows, permits, encourages, or requires a 33 minor to be present while another engages in restricted sexual conduct in the presence of 34 such minor shall be liable for the injury or damages caused by or resulting from such 35 allowance, permission, encouragement, or requirement. 36 (f) It shall be a complete defense to any action brought pursuant to subsection (d) or (e) 37 of this Code section that: 38 (1) The person accused had reasonable cause to believe the minor involved was 18 years 39 old or older; or 40 (2) Such minor presented a driver's license, state issued identification card, birth 41 certificate, passport, selective service card, or other official document to the accused 42 purporting to establish that such minor was 18 years of age or older. 43 23 LC 49 1436 H. B. 840 - 3 - (g) It shall not be a defense to any action brought pursuant to this Code section that the 44 minor on whose behalf such action is brought was accompanied by his or her parent or 45 legal guardian. 46 (h) An individual who is the prevailing party in his or her cause of action brought pursuant 47 to this Code section shall be entitled to an award of court costs, costs of litigation, and 48 reasonable attorney's fees. 49 (i) Any action brought pursuant to this Code section shall be brought within four years 50 after the cause of action has accrued." 51 SECTION 2. 52 This Act shall apply to causes of action accruing on or after July 1, 2023. 53 SECTION 3. 54 All laws and parts of laws in conflict with this Act are repealed. 55