Grooming of a minor for a sexual offense or trafficking for sexual servitude

(a) As used in this Code section, the term: (1) “Computer” has the same meaning as provided in Code Section 16-9-92. (2) “Electronic device” has the same meaning as provided in Code Section 16-12-100.2. (3) “Minor” means any person under the age of 18 years. (4) “Pattern of conduct or communication” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. (5) “Sexual offense” has the same meaning as provided in Code Section 17-10-6.2. (6) “Sexual servitude” has the same meaning as provided in Code Section 16-5-46. (b) A person over the age of 18 and no less than 48 months older than the alleged victim commits the offense of grooming of a minor when such person knowingly and intentionally engages in a pattern of conduct or communication in person; through a third party; through the use of an electronic device, a computer, social media, or text messages; or by any other means to gain access to, to gain the compliance of, to prepare, to persuade, to induce, or to coerce a minor to engage in a sexual offense or trafficking of persons for sexual servitude. (c) Any person who violates this Code section shall be guilty of a felony and punished by imprisonment for not less than one nor more than five years. (d) It shall not be a defense to prosecution under this Code section that no sexual offense or trafficking of persons for sexual servitude was accomplished or attempted. (e) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by this Code section which the person engages in while: (1) Either within or outside of this state if such conduct involves a minor who resides in this state or another person believed by such person to be a minor residing in this state; or (2) Within this state if such conduct involves a minor who resides within or outside this state or another person believed by such person to be a minor residing within or outside this state. 126 16-12-100.5 OFFENSES/HEALTH & MORALS History. Code 1981, § 16-12-100.5, enacted by Ga. L. 2024, p. 424, § 2/HB 993, effective July 1, 2024. 16-12-101 Effective date. This Code section became effective July 1, 2024. PART 3 SALE OR DISTRIBUTION OF HARMFUL MATERIALS TO MINORS Editor’s notes. Prior to the effective date of the Code, Ga. L. 1981, p. 1578, § 2, effective July 1, 1981, repealed the provisions originally assigned to this part (codified at §§ 16-12-101 through 16-12-108) and enacted new provisions which were derived principally from Ga. L. 1969, p. 222, § 1 and codified at §§ 16-12-110 through 16-12-113. This part was then repealed and reenacted by Ga. L. 1983, p. 1437, § 2, effective July 1, 1983, by which Act the former §§ 16-12-110 through 16-12-113 were repealed and new §§ 16-12-101 through 16-12-105 were enacted. Because Ga. L. 1981, p. 1578, § 2 repealed Code sections designated §§ 16-12-101 through 16-12-108 and enacted new Code sections designated as §§ 16-12-110 through 16-12-113, the Code did not originally contain a Code section designated as § 16-12-109. In 2003, the Code Commission reserved § 16-12-109; however, Ga. L. 2007, p. 47, § 16, effective May 11, 2007, repealed the reservation of this Code section.