Cross references. —

Judicial proceedings involving juveniles generally, T. 15, C. 11.

Parent and child relationship, adoption, child custody proceedings, T. 19.

Incarceration and training of youthful offenders, T. 42, C. 7.

Powers and duties of Department of Human Resources relating to children and youth services, § 49-5-1 et seq.

CHAPTER 1 General Provisions

39-1-1. Age of legal majority; residence of persons in state for purpose of attending school.

  1. The age of legal majority in this state is 18 years; until that age all persons are minors.
  2. Nothing in this Code section shall be construed automatically to render an individual a resident of this state when that individual is in the state for the purpose of attending school. In the case of such individual, his residence will be considered to be the state in which his parents reside if under the laws of that state the individual would still be considered a minor and he is incapable of proving his emancipation.

History. — Orig. Code 1863, § 1742; Code 1868, § 1782; Code 1873, § 1791; Code 1882, § 1791; Civil Code 1895, § 2500; Civil Code 1910, § 3019; Code 1933, § 74-104; Ga. L. 1972, p. 193, § 1.

Cross references. —

Rights of minors generally, § 1-2-8 .

Age restrictions in regard to purchase of alcoholic beverages, § 3-3-23 .

Effect of minority status on tolling of limitations, § 9-3-90 .

Service of process on resident minors over 14 temporarily outside state, § 9-10-70 .

Appointment of guardian ad litem for minor not otherwise represented in court action, § 9-11-17 .

Capacity of minors to enter into contracts, § 13-3-20 et seq.

Termination of juvenile’s order of disposition, § 15-11-443 .

Referral of juveniles to adult services upon reaching age of majority, § 15-11-451 .

Minimum age at which person may be held criminally responsible for his actions, § 16-3-1 .

Offenses relating to exhibition of lewd or indecent materials to minors, § 16-12-101 et seq.

Penalty for knowingly selling or delivering to minor any drug-related object, § 16-13-1 .

Domicile of minors generally, § 19-2-4 .

Age at which persons may contract marriage without parental consent, § 19-3-2 .

Parental control of children under age of majority, § 19-7-1 .

Age groups to which compulsory school attendance law applies, § 20-2-690 .

Further provisions regarding determination of resident status of university students for tuition or fee purposes, § 20-3-66 .

Guardians of minors, T. 29, C. 4.

Minimum age requirements for issuance of driver’s license, § 40-5-22 .

Applications by minors for instruction permits or drivers’ licenses, § 40-5-26 .

Making of certain gifts to persons under age 21, § 44-5-110 et seq.

Maximum age for pleading infancy as defense to tort action, § 51-11-6 .

Minimum age at which person considered capable of making will, § 53-4-10 .

Editor’s notes. —

Ga. L. 1972, p. 193, § 10, effective July 1, 1972, not codified by the General Assembly, provided that the purpose of the Act was to reduce the age of legal majority from 21 years of age to 18 years of age so that all persons, upon reaching the age of 18, would have the rights, privileges, powers, duties, responsibilities, and liabilities previously applicable to persons 21 years of age or over. The section further provided that the Act was not to be construed to have the effect of changing the age from 21 to 18 with respect to any legal instrument or court decree in existence prior to July 1, 1972, when the instrument referred only to “the age of majority” or words of similar import, except that any guardianship of the person or property of a minor under the provisions of Title 49 of the 1933 Code, whether such guardianship was created by court order or decree entered before or after July 1, 1972, or under the will of a testator which was executed after July 1, 1972, would terminate when the ward for whom such guardianship was created reached 18 years of age.

Law reviews. —

For article, “The Georgia Power of Attorney Act,” see 24 Ga. St. B. J. 20 (Dec. 2018).

For comment on Barnwell v. Cordle, 438 F.2d 236 (5th Cir. 1971), refusing to apply doctrine of parental immunity to suit brought by minor against father’s estate, see 8 Ga. St. B.J. 544 (1972).

JUDICIAL DECISIONS

Computation. —

One becomes of full age on the day preceding the twenty-first (now eighteenth) anniversary of one’s birth, on the first moment of that day. Thomas v. Couch, 171 Ga. 602 , 156 S.E. 206 (1930) (decided under prior law).

Ordered support beyond eighteenth birthday a nullity. —

Any portion of a verdict and judgment intending to provide for support for any child beyond his or her eighteenth birthday is a nullity. Wilcox v. Wilcox, 242 Ga. 598 , 250 S.E.2d 465 (1978).

Parental consent necessary for imposition of support obligation beyond 18. —

Without the consent of the husband-father in a child support controversy, neither the jury nor the court can require him to support his minor child beyond the child’s eighteenth birthday, and an attempt to do so is a nullity. Ritchea v. Ritchea, 244 Ga. 476 , 260 S.E.2d 871 (1979).

Support beyond reduced age of majority in accordance with original agreement. —

When the age of majority at the time of divorce was 21, it was proper to continue child support in accordance with the original agreement even though the statute reduced the age of majority to 18. Spivey v. Schneider, 234 Ga. 687 , 217 S.E.2d 251 (1975).

Recovery of support by adult child barred. —

Right in an adult child to recover support from his father (now parent) beyond the age of majority was barred by former Code 1933, §§ 74-104 and 74-105 (see O.C.G.A. §§ 39-1-1 and 19-7-2 , respectively) which provide together that a father’s (now parent’s) obligation to provide for the maintenance, protection, and education of his child ceases when the child reaches majority. Crane v. Crane, 225 Ga. 605 , 170 S.E.2d 392 (1969), (decided under prior law).

No modification of Juvenile Court Code. —

Reduction of the age of majority from 21 to 18 did not modify the provisions of the Juvenile Court Code, which still applies to those under the age of 21 years who have committed an act of delinquency before reaching the age of 17. W.F. v. State, 144 Ga. App. 523 , 241 S.E.2d 631 (1978).

Minors may not refuse unwanted care. —

Georgia provides no “mature minor” exception to the state’s general rule that only adults may refuse unwanted medical care. Novak v. Cobb County-Kennestone Hosp. Auth., 849 F. Supp. 1559 (N.D. Ga. 1994), aff'd, 74 F.3d 1173 (11th Cir. 1996).

Workers’ compensation. —

Provisions of the Workers’ Compensation Act, O.C.G.A. § 34-9-1 et seq., are manifestly general and not special laws and operate uniformly upon all minors who are employed under such circumstances as to come under the Workers’ Compensation Act, who are 18 years of age or over, and who are not mentally incompetent or physically incapable of earning a livelihood. The legislature has ample power to regulate the age of minority or majority, and may divide minors into two classes, those above and those below a certain age, and endow all those above such age with all the rights of adults in reference to certain kinds of contracts without violating the provision of the Constitution. The effect of such an Act is merely to provide that in reference to certain kinds of contracts the age of majority shall be 18 instead of 21 years. Rourke v. U.S. Fid. & Guar. Co., 187 Ga. 636 , 1 S.E.2d 728 (1939) (decided under prior law).

Confessions and statements of juveniles. —

West v. United States, 399 F.2d 467 (5th Cir. 1968), cert. denied, 393 U.S. 1102, 89 S. Ct. 903 , 21 L. Ed. 2 d 795 (1969), which enumerates factors applying to confessions or statements of juveniles is inapposite if the defendant is 18 years or older. White v. State, 251 Ga. 482 , 306 S.E.2d 636 (1983).

OPINIONS OF THE ATTORNEY GENERAL

Intent of age of majority law. — Ga. L. 1972, p. 193, § 1 was intended to reduce the age at which an individual attained full legal capacity and thereby shed one’s civil disabilities; it was not intended to necessarily affect all existing laws setting an age qualification of 21, unless such laws were tied directly to the age of majority. 1972 Op. Att'y Gen. No. 72-118.

Collection of court-ordered support payments existing prior to July 1, 1972. — Department of Probation (now Department of Offender Rehabilitation) should collect child support payments for individuals between 18 and 21 when such payments arise out of court orders in existence prior to July 1, 1972. 1972 Op. Atty Gen. No. U72-40.

Consent to abortion. — Since the age of majority, and consequently the age of emancipation from legal custody and control of the parent, is 18 years of age, a person 18 years of age or older may consent to an abortion. 1972 Op. Att'y Gen. No. 72-118.

RESEARCH REFERENCES

Am. Jur. 2d. —

42 Am. Jur. 2d, Infants, §§ 1 et seq., 28, 30.

C.J.S. —

43 C.J.S., Infants, § 2.

ALR. —

Liability of parent for necessaries furnished to adult child, 42 A.L.R. 150 .

Age at which female attains majority, 95 A.L.R. 355 .

Calculation of newborn child’s age for purposes of life insurance policy requiring that specified age be reached before coverage begins, 37 A.L.R.3d 1448.

Burden of proof of defendant’s age, in prosecution where attainment of particular age is statutory requisite of guilt, 49 A.L.R.3d 526.

Statutory change of age of majority as affecting preexisting status or rights, 75 A.L.R.3d 228.

Responsibility of noncustodial divorced parent to pay for, or contribute to, costs of child’s college education, 99 A.L.R.3d 322.

CHAPTER 2 Regulation of Employment of Minors

JUDICIAL DECISIONS

Editor’s notes. —

In light of the similarity of the statutory provisions, decisions under former Code 1910, § 3149(1), are included in the annotations for this Code section.

Object of statute. —

One of the objects of the statute was to prevent the exposure of children under a designated age, and of the employers who would otherwise be called upon to work with such children, to the dangers incident to the presence of these immature and indiscreet persons in work places. Platt v. Southern Photo Material Co., 4 Ga. App. 159 , 60 S.E. 1068 (1908) (decided under former Code 1910, § 3149(1)).

Negligence question of fact. —

In a case not covered by the statute, the question of the defendant’s negligence in employing the young person at the particular occupation is usually one for the jury. Platt v. Southern Photo Material Co., 4 Ga. App. 159 , 60 S.E. 1068 (1908) (decided under former Code 1910, § 3149(1)).

Accepting employment not contributory negligence. —

Minor under the age of 14 years, by accepting employment in a cotton mill in violation of statute, is not guilty of contributory negligence proximately causing injuries. International Cotton Mills v. Burnham, 284 F. 351 (5th Cir. 1922) (decided under former Code 1910, § 3149(1)).

Assumption of risks. —

Statutory prohibition against employing children under a prescribed age in a factory excludes the defense of the assumptions by the children of risks incident to such employment. Ransom v. Nunnally Co., 26 Ga. App. 222 , 105 S.E. 822 (1921) (decided under former Code 1910, § 3149(1)).

Diligence required of children. —

Diligence required of children of tender years is not to be measured by the ordinary care required of an adult; but due care in such a child is such care as its capacity, mental and physical, fits it for exercising in the actual circumstances of the occasion and situation. Infants under 14 years of age are chargeable with contributory negligence resulting from a want of such care, and assuming the risk of those patent, obvious, and known dangers which the infants are able to appreciate and avoid. Evans v. Mills, 119 Ga. 448 , 46 S.E. 674 (1904) (decided under former Code 1910, § 3149(1)).

Fellow-servant doctrine not applicable. —

As a general rule, the master is not liable to one servant for injuries inflicted by a fellow servant because the risk thereof is one of those assumed in the contract of employment. But this doctrine does not apply to infants of tender years and the question of such negligence should be submitted to the jury. Evans v. Mills, 119 Ga. 448 , 46 S.E. 674 (1904) (decided under former Code 1910, § 3149(1)).

Provision in an employer’s liability policy of insurance to the effect that the policy shall not apply to injuries sustained by any person employed by the insured “in violation of law as to age, or under the age of 14 years if there is no legal age limit,” contemplates a violation of statutory law. Savannah Kaolin Co. v. Travelers Ins. Co., 35 Ga. App. 24 , 131 S.E. 919 (1926) (decided under former Code 1910, § 3149(1)).

RESEARCH REFERENCES

ALR. —

Constitutionality of child labor laws, 12 A.L.R. 1216 ; 21 A.L.R. 1437 .

Right of parent who consents to or acquiesces in employment of child under statutory age to recover for latter’s injury or death while in such employment, 40 A.L.R. 1206 .

Applicability and effect of workmen’s compensation acts in case of injuries to minors, 49 A.L.R. 1435 ; 60 A.L.R. 847 ; 83 A.L.R. 416 ; 142 A.L.R. 1018 .

Constitutionality, construction, and application of statute or ordinance relating to child labor in streets, 152 A.L.R. 579 .

What is a “factory” within statutes relating to safety and health of employees, 163 A.L.R. 447 .

Validity, construction, and effect of court’s approval of contract of minor’s services, 3 A.L.R.2d 702.

Lawn mowing by minors as violation of child labor statutes, 56 A.L.R.3d 1166.

Statutory change of age of majority as affecting preexisting status or rights, 75 A.L.R.3d 228.

Workers’ compensation statute as barring illegally employed minor’s tort action, 77 A.L.R.4th 844.

39-2-1. Restrictions on employment of minors under 16 years of age.

No minor under 16 years of age shall be employed by or permitted to work in or about any mill, factory, laundry, manufacturing establishment, or workshop nor in any occupation which has been designated as hazardous in accordance with Code Section 39-2-2.

History. — Ga. L. 1925, p. 291, § 1; Code 1933, § 54-301; Ga. L. 1946, p. 67, § 1; Ga. L. 1981, p. 792, § 1.

Law reviews. —

For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

39-2-2. Employment of minors under 16 years of age generally — Dangerous employment.

No minor under the age of 16 years shall be employed or permitted to work at any occupation or in any position which the Commissioner of Labor may declare by regulation dangerous to life and limb or injurious to the health or morals of such minor.

History. — Ga. L. 1925, p. 291, § 3; Code 1933, § 54-303; Ga. L. 1946, p. 67, § 2; Ga. L. 1981, p. 792, § 2.

Law reviews. —

For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

JUDICIAL DECISIONS

Sumary judgment upheld as to premises owner. —

In a wrongful death action premised on both negligence and negligence per se filed on behalf of a mother’s deceased minor son, a premises owner was properly granted summary judgment, as the independent contractor that hired the decedent, and not the premises owner, had sole control over the contractor’s personnel, and the son’s hazardous occupation on the owner’s premises for a third party did not in and of itself demonstrate that the owner was in violation of Georgia’s child labor laws; thus, the appeals court declined to reach the issue of whether an owner who knew or had reason to know that its independent contractor was employing a minor under the age of 16 to perform a dangerous occupation on the owner’s premises was in violation of O.C.G.A. § 39-2-2 . Benson-Jones v. Sysco Food Servs. of Atlanta, LLC, 287 Ga. App. 579 , 651 S.E.2d 839 (2007).

OPINIONS OF THE ATTORNEY GENERAL

Fifteen-year-old married minors are not exempt from the prohibition against hazardous occupations contained in O.C.G.A. § 39-2-2 . 1986 Op. Att'y Gen. No. 86-5.

RESEARCH REFERENCES

ALR. —

Constitutionality, construction, and application of statute or ordinance relating to child labor in streets, 152 A.L.R. 579 .

Lawn mowing by minors as violation of child labor statutes, 56 A.L.R.3d 1166.

39-2-3. Employment of minors under 16 years of age generally — Hours of work generally.

Except as otherwise provided in this chapter, no minor under 16 years of age shall be permitted to work for any person, firm, or corporation between the hours of 9:00 P.M. and 6:00 A.M.

History. — Ga. L. 1925, p. 291, § 2; Code 1933, § 54-302; Ga. L. 1946, p. 67, § 3.

Law reviews. —

For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

OPINIONS OF THE ATTORNEY GENERAL

Married minors not exempt. — Fifteen-year-old married minors are not exempt from the prohibitions relating to hours of work in conjunction with school attendance contained in O.C.G.A. §§ 39-2-3 and 39-2-4 , although local boards of education may excuse such minors from school attendance on an individual basis if in accordance with the policies and regulations of the State Board of Education. 1986 Op. Atty Gen. No. 86-5.

39-2-4. Employment of minors under 16 years of age generally — Employment during school hours.

No minor under 16 years of age shall be employed or permitted to work in any gainful occupation during the hours when public or private schools are in session unless said minor has completed senior high school or has been excused from attendance in school by a county or independent school system board of education in accordance with the general policies and regulations promulgated by the State Board of Education.

History. — Ga. L. 1946, p. 67, § 6.

Cross references. —

Compulsory school attendance, § 20-2-690 et seq.

Law reviews. —

For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

OPINIONS OF THE ATTORNEY GENERAL

Obligation of employer to question prospective employee. — Under the provisions of this law, an employer must ask a prospective employee whether the employee is 16 years of age, and whether the employee has graduated from school. 1958-59 Ga. Op. Att'y Gen. 23.

Married minors not exempt. — Fifteen-year-old married minors are not exempt from the prohibitions relating to hours of work in conjunction with school attendance contained in O.C.G.A. §§ 39-2-3 and 39-2-4 , although local boards of education may excuse such minors from school attendance on an individual basis if in accordance with the policies and regulations of the State Board of Education. 1986 Op. Atty Gen. No. 86-5.

39-2-5. Employment of minors under 16 years of age generally — Delivery of messages.

No minor under 16 years of age shall be employed in the delivery of messages by any person, firm, or corporation engaged in the message service business or in the general work of messenger service between the hours of 9:00 P.M. and 6:00 A.M.

History. — Ga. L. 1910, p. 117, § 1; Code 1933, § 54-305; Ga. L. 1946, p. 67, § 3.

39-2-6. Employment of minors under 16 years of age generally — Sale or delivery of newspapers.

Minors under 16 years of age may be employed to sell or deliver newspapers in residential areas between the hours of 5:00 A.M. and 9:00 P.M. but shall not be employed to sell or deliver newspapers between the hours of 9:00 P.M. and 5:00 A.M., provided that such employment shall not be for a longer time than is provided in Code Section 39-2-7 and shall not be performed during school hours.

History. — Ga. L. 1946, p. 67, § 4; Ga. L. 1982, p. 3, § 39.

OPINIONS OF THE ATTORNEY GENERAL

Improper issuance of employment certificate to minors. — Inasmuch as the provisions of Ga. L. 1946, p. 67, § 4 (see O.C.G.A. § 39-2-6 ) do not provide an exception to the general provisions of Ga. L. 1971, p. 638, § 1 (see O.C.G.A. § 39-2-9 ), the restrictions of that statute prohibiting employment of children under 14 years of age “in any gainful occupation at any time” would apply to children selling or delivering newspapers; therefore, it would be improper to issue an employment certificate to allow children under 14 years of age to sell or deliver newspapers. 1971 Op. Att'y Gen. No. 71-15.

RESEARCH REFERENCES

ALR. —

Constitutionality, validity, construction, and application of statutes or ordinances relating to sale of newspapers on the street, 107 A.L.R. 1275 .

39-2-7. Employment of minors under 16 years of age generally — Maximum hours of employment.

No minor under 16 years of age shall be employed or permitted to work in any gainful occupation covered by this chapter for more than four hours on any day in which the school attended by said minor is in session, more than eight hours on days other than school days, or more than 40 hours in any one week.

History. — Ga. L. 1946, p. 67, § 5.

39-2-8. Employment of minors 15 years of age during school vacation months.

Reserved. Repealed by Ga. L. 1988, p. 1629, § 1, effective July 1, 1988.

Editor’s notes. —

This Code section was based on Ga. L. 1969, p. 674, § 1.

39-2-9. Employment of minors under 12 years of age generally.

No minor under 12 years of age shall be employed or permitted to work in any gainful occupation at any time, provided that this Code section shall not be construed to apply to employment of a minor in agriculture, domestic service in private homes, or any specific employment permitted by this chapter or to employment by a parent or a person standing in the place of a parent.

History. — Ga. L. 1925, p. 291, § 1; Code 1933, § 54-301; Ga. L. 1946, p. 67, § 1; Ga. L. 1971, p. 638, § 1; Ga. L. 1981, p. 792, § 1.

Law reviews. —

For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

OPINIONS OF THE ATTORNEY GENERAL

Employment or supervision by parents. — Minor under the age of 12 years may be employed in a business owned and operated by the minor’s parent. 1988 Op. Att'y Gen. No. 88-7.

Minor under the age of 12 years could not legally be employed under the parent-employer provision when the parent would be the child’s supervisor but would not be his employer. 1988 Op. Att'y Gen. No. 88-7.

Improper issuance of employment certificate to minor. — Inasmuch as the provisions of Ga. L. 1946, p. 67, § 4 (see O.C.G.A. § 39-2-6 ) do not provide an exception to the general provisions of Ga. L. 1971, p. 638, § 1 (see O.C.G.A. § 39-2-9 ), the restrictions of that section prohibiting employment of children under 14 years of age “in any gainful occupation at any time” would apply to children selling or delivering newspapers; therefore, it would be improper to issue an employment certificate to allow children under 14 years of age to sell or deliver newspapers. 1971 Op. Att'y Gen. No. 71-15.

RESEARCH REFERENCES

C.J.S. —

43 C.J.S., Infants, § 203 et seq. 67A C.J.S., Parent and Child, § 282.

ALR. —

Right of parent who consents to or acquiesces in employment of child under statutory age to recover for latter’s injury or death while in such employment, 40 A.L.R. 1206 .

39-2-10. Employment of minors 12 and 13 years of age in wholesale and retail stores.

Reserved. Repealed by Ga. L. 1981, p. 792, § 1, effective April 7, 1981.

Editor’s notes. —

This Code section was based on Code 1933, § 54-303; Ga. L. 1946, p. 67, § 1; Ga. L. 1974, p. 534, § 1.

Ga. L. 2015, p. 5, § 39/HB 90, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.

39-2-11. Employment certificates — Required; requirements for issuance.

  1. Minors who are at least 12 years of age but less than 16 years of age shall not be employed by or permitted to work for any person, firm, or corporation unless an employment certificate, showing the true age of such minor and that such minor is not less than 12 years of age and is physically fit to engage in the employment sought to be obtained, is issued in writing by an appropriate issuing officer who shall be one of the following:
    1. If enrolled in a public school, the school superintendent or some member of his or her staff authorized by him or her, in the county or city where the minor resides;
    2. If enrolled in a licensed private school, the principal administrative officer thereof or some member of his or her staff authorized by him or her; or
    3. If enrolled in a home study program, the person, parent, or guardian providing the home study program.
  2. No employment certificate shall be issued to any minor until the minor shall have submitted to the issuing officer:
    1. A certified copy of a birth certificate or birth registration card; and
    2. A statement from the prospective employer describing the type of employment offered; and indicating that if furnished with a certificate from the appropriate issuing officer as required in subsection (a) of this Code section, such prospective employer could employ the minor immediately. It shall be understood that the prospective employer, by furnishing such statement, does not undertake to employ the minor for any specific period of time.
    1. The employment certificate provided for in subsection (a) of this Code section shall be accompanied by a letter from the appropriate issuing officer indicating that the minor is enrolled in a school or a home study program full-time and has an attendance record in good standing for the current academic year. The employer of a minor shall maintain a copy of such certificate and letter in the minor’s employment file. Such letter shall be updated in January of each subsequent academic year during which the minor maintains his or her employment until such minor reaches the age of 16 years. Any employer failing to comply with this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00, up to 12 months’ imprisonment, or both, for each violation.
    2. The State Board of Education shall promulgate rules and regulations to provide for the issuance of a waiver or exemption from the provisions of this subsection to a minor, upon such minor’s petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor’s family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor.

History. — Ga. L. 1925, p. 291, § 4; Code 1933, § 54-304; Ga. L. 1946, p. 67, § 7; Ga. L. 1981, p. 792, § 3; Ga. L. 2004, p. 107, § 21A; Ga. L. 2010, p. 878, § 39/HB 1387; Ga. L. 2015, p. 943, § 1/HB 366.

Law reviews. —

For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

JUDICIAL DECISIONS

Sumary judgment upheld as to premises owner. —

In a wrongful death action premised on both negligence and negligence per se filed on behalf of a mother’s deceased minor son, a premises owner was properly granted summary judgment as the independent contractor that hired the decedent, and not the premises owner, had sole control over its personnel, and the son’s hazardous occupation on the owner’s premises for a third party did not in and of itself demonstrate that the owner was in violation of Georgia’s child labor laws; thus, the appeals court declined to reach the issue of whether an owner who knew or had reason to know that its independent contractor was employing a minor under the age of 16 to perform a dangerous occupation on the owner’s premises was in violation of O.C.G.A. § 39-2-2 . Benson-Jones v. Sysco Food Servs. of Atlanta, LLC, 287 Ga. App. 579 , 651 S.E.2d 839 (2007).

RESEARCH REFERENCES

Am. Jur. 2d. —

42 Am. Jur. 2d, Infants, § 53 et seq.

C.J.S. —

43 C.J.S., Infants, § 203 et seq.

39-2-11.1. Employment of minors 14 years of age or older during school vacation months for care of lawns, gardens, and shrubbery.

Notwithstanding any other provision of this chapter or any rule or regulation of the Commissioner of Labor adopted pursuant to the provisions of Code Section 39-2-2 to the contrary, a minor 14 years of age or over may be employed during the months of vacation from school in the care and maintenance of lawns, gardens, and shrubbery owned or leased by the employer of such minor, including the operation of equipment in connection therewith, provided that the minor is covered by an accident and sickness insurance plan or a workers’ compensation insurance policy or plan provided by the employer; that the minor presents the employer with the employment certificate required by Code Section 39-2-11; and that the minor is permitted by the employer to care for and maintain only those lawns, gardens, and shrubbery owned or leased by the employer. The work authorized by this Code section includes the care and maintenance of lawns, gardens, and shrubbery on the grounds of mills or factories described in Code Section 39-2-1 and on the grounds of any other factory, mill, or business where employment of the minor within the factory, mill, or business might be prohibited by this chapter or by rules and regulations of the Commissioner of Labor.

History. — Code 1981, § 39-2-11.1 , enacted by Ga. L. 1988, p. 583, § 1; Ga. L. 1990, p. 1501, § 2; Ga. L. 2015, p. 943, § 2/HB 366.

39-2-12. Employment certificates — Contents; availability of blank forms; filing of duplicate copies.

  1. Employment certificates shall state the full name, date, and place of birth of the minor; the name and address of the parents, guardian, or other person having custody of such minor; and that the minor has appeared before the issuing officer and presented the evidence of age required by Code Section 39-2-11.
  2. Blank forms of employment certificates shall be made available by the Commissioner of Labor to school superintendents of public schools in the respective cities and counties, to principal administrative officers of private schools, and to persons, parents, or guardians providing home study programs.
  3. A duplicate copy of each employment certificate shall be filed with the Commissioner of Labor within 30 days from its issuance.

History. — Ga. L. 1925, p. 291, § 4; Code 1933, § 54-304; Ga. L. 1946, p. 67, § 7; Ga. L. 1981, p. 792, § 3; Ga. L. 2015, p. 943, § 3/HB 366.

39-2-13. Employment certificates — Disposition of certificates upon termination of employment or failure to appear for work for 30 days; requirements as to issuance of subsequent certificates.

  1. Upon termination of employment of any minor between 12 and 16 years of age, the employer shall return the employment certificate to the issuing officer within five days of the date of the termination of employment.
  2. Where the employment of any minor between 12 and 16 years of age shall not have been terminated, but the minor shall have failed to appear for work for a period of 30 days, the employer shall return the employment certificate to the issuing officer within five days of the date of the expiration of the 30 day period.
  3. Upon return to the issuing officer of an employment certificate as provided for in this Code section, a new employment certificate shall be issued to a minor only upon presentation by the minor of a new statement from the prospective employer as provided for in Code Section 39-2-11.

History. — Ga. L. 1925, p. 291, § 4; Code 1933, § 54-304; Ga. L. 1946, p. 67, § 7; Ga. L. 1981, p. 792, § 3.

39-2-14. Employment certificates — Revocation of certificates by Commissioner of Labor.

The Commissioner of Labor may at any time revoke any employment certificate if in his or her judgment the employment certificate was improperly issued. The Commissioner shall be authorized to investigate the true age of any minor employed, hear evidence, and require the production of relevant books or documents. If the employment certificate of a minor is revoked, the employer of the minor at the time of the revocation shall be notified and the minor shall not be employed or permitted to work thereafter until a new and valid employment certificate shall have been obtained.

History. — Ga. L. 1925, p. 291, § 4; Code 1933, § 54-304; Ga. L. 1946, p. 67, § 7; Ga. L. 1981, p. 792, § 3; Ga. L. 2015, p. 943, § 4/HB 366.

Law reviews. —

For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

JUDICIAL DECISIONS

Editor’s notes. —

In light of the similarity of the statutory provisions, decisions under former Code 1910, § 3149(1) are included in the annotations for this Code section.

Evidence where age at issue. —

In an action for injuries to an employee under the age of 14 years, who alleged employment in violation of statute, when the child’s age was an issue under the pleadings, the child’s father’s testimony as to conversation with defendant’s superintendent after the accident, during which the superintendent urged the father to sign a card, was admissible as against the objection that it was irrelevant. International Cotton Mills v. Burnham, 284 F. 351 (5th Cir. 1922) (decided under former Code 1910, § 3149(1)).

Employer may defend oneself by showing that the employer exercised due diligence to find out the minor’s age before employing her; and whether such diligence was exercised was a question for the jury. Ransom v. Nunnally Co., 26 Ga. App. 222 , 105 S.E. 822 (1921) (decided under former Code 1910, § 3149(1)).

39-2-15. Maximum hours of employment of minors; effect of contracts providing longer hours.

Reserved. Repealed by Ga. L. 1988, p. 1629, § 2, effective July 1, 1988.

Editor’s notes. —

This Code section was based on Ga. L. 1853-54, p. 37, §§ 1, 2; Code 1863, § 1847; Code 1868, § 1875; Code 1873, § 1885; Code 1882, § 1885; Civil Code 1895, § 2619; Civil Code 1910, § 3141; Code 1933, § 54-205; Ga. L. 1943, p. 315, § 1.

39-2-16. Prohibition on corporal punishment of minors; actions for damages.

Reserved. Repealed by Ga. L. 1988, p. 1629, § 3, effective July 1, 1988.

Editor’s notes. —

This Code section was based on Orig. Code 1863, § 1848; Code 1868, § 1876; Code 1873, § 1886; Code 1882, § 1886; Civil Code 1895, § 2620; Civil Code 1910, § 3142; Code 1933, § 54-206.

39-2-17. Improper dispositions of minor under 12; penalty.

  1. Any person who shall sell, apprentice, give away, let out, or otherwise dispose of any minor under 12 years of age to any person for the vocation, occupation, or service of rope or wire walking, begging, or as a gymnast, contortionist, circus rider, acrobat, or clown, or for any indecent, obscene, or immoral exhibition, practice, or purpose shall be guilty of a misdemeanor.
  2. Whenever a minor shall be disposed of in violation of subsection (a) of this Code section, the person who receives and uses any minor for any of the purposes condemned in said subsection shall be guilty of a misdemeanor.

History. — Ga. L. 1878-79, p. 162, § 1; Code 1882, § 4612f; Penal Code 1895, §§ 706, 707; Penal Code 1910, §§ 756, 757; Code 1933, §§ 54-9903, 54-9904.

Cross references. —

Penalty for employment, use, and coercion of person under age 14 to engage in sexually explicit conduct for purpose of producing visual or print medium depicting such conduct, § 16-12-100 .

RESEARCH REFERENCES

ALR. —

Lawn mowing by minors as violation of child labor statutes, 56 A.L.R.3d 1166.

Validity, construction, and application of statutes regulating sexual performance by child, 21 A.L.R.4th 239.

Validity, construction, and application of state statutes or ordinances regulating sexual performance by child, 42 A.L.R.5th 291.

39-2-18. Applicability of provisions of chapter to minors employed as actors or performers.

  1. Notwithstanding any other provisions of this chapter to the contrary, nothing in this chapter shall apply to any minor employed as an actor or performer in motion pictures or theatrical productions, in radio or television productions, in any other performance, concert, or entertainment, or to any minor employed in the making of phonographic records or as an advertising or photographic model, provided that the written consent of the Commissioner of Labor must be first obtained.
  2. Before the Commissioner of Labor shall give his written consent, as provided in subsection (a) of this Code section, he shall investigate and determine:
    1. That the environment in which the work is to be performed is proper for the minor;
    2. That the conditions of employment are not detrimental to the health of the minor;
    3. That the minor’s education will not be neglected or hampered by his participation in any of the activities referred to in subsection (a); and
    4. That the minor will not be used for pornographic purposes.

History. — Ga. L. 1978, p. 2208, § 1.

Cross references. —

Penalty for employment, use, and coercion of person under age 14 to engage in sexually explicit conduct for purpose of producing visual or print medium depicting such conduct, § 16-12-100 .

Law reviews. —

For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).

39-2-19. Enforcement of chapter.

It shall be the duty of the Department of Labor to enforce this chapter and the Commissioner of Labor shall issue rules and regulations pursuant thereto.

History. — Ga. L. 1925, p. 291, § 5; Code 1933, § 54-306; Ga. L. 1946, p. 67, § 9; Ga. L. 1981, p. 792, § 4.

RESEARCH REFERENCES

ALR. —

Constitutionality of child labor laws, 21 A.L.R. 1437 .

39-2-20. Penalty for violations of chapter.

Any person, firm, or corporation or agent thereof violating any of the provisions of this chapter shall be guilty of a misdemeanor.

History. — Ga. L. 1925, p. 291, § 6; Code 1933, § 54-9905; Ga. L. 1946, p. 67, § 8.

39-2-21. Injunctions.

Any person, firm, or corporation or agent thereof violating any of the provisions of this chapter may be enjoined from employing the minor involved in such violation upon the complaint of the Commissioner of Labor in the superior court of any county in which the employer may be doing business or employing such minor; provided, however, that any court order under this Code section shall be narrowly drawn and narrowly construed so as to provide the minimum possible disruption of the ongoing business affairs of the employer.

History. — Code 1981, § 39-2-21 , enacted by Ga. L. 1988, p. 1629, § 4.

CHAPTER 3 Interstate Compact on Juveniles

Law reviews. —

For article, “Interstate Cooperative Institutionalization — A Modern Device for Rehabilitation,” see 8 J. of Pub. L. 509 (1959).

For article, “The Interstate Compact on Juveniles: Development and Operation,” see 8 J. of Pub. L. 524 (1959).

OPINIONS OF THE ATTORNEY GENERAL

Effect of compact on matters of adoption. — No provision of the interstate compact on juveniles has any effect on the jurisdiction and authority of superior courts over matters of adoption. 1976 Op. Atty Gen. No. U76-15.

39-3-1 through 39-3-7.

Reserved. Repealed by Ga. L. 2014, p. 763, § 1-1/HB 898, effective July 1, 2014.

Editor’s notes. —

This chapter consisted of Code Sections 39-3-1 through 39-3-7, relating to interstate compact on juveniles, and was based on Ga. L. 1972, p. 784, §§ 1-7; Ga. L. 1976, p. 1070, § 1.

CHAPTER 4 Interstate Compact on the Placement of Children

Cross references. —

Compliance with compact in adoption proceedings, § 19-8-4 .

Law reviews. —

For article, “Interstate Cooperative Institutionalization — A Modern Device for Rehabilitation,” see 8 J. of Pub. L. 509 (1959).

For annual survey article on workers’ compensation law, see 46 Mercer L. Rev. 535 (1994).

RESEARCH REFERENCES

Am. Jur. 2d. —

2 Am. Jur. 2d, Adoption, §§ 107, 111, 115.

C.J.S. —

2 C.J.S., Adoption of Persons, §§ 45 et seq., 52.

39-4-1. “Appropriate public authority” defined.

As used in Article III of the Interstate Compact on the Placement of Children, the term “appropriate public authorities” means, with reference to this state, the Department of Human Services. The department shall receive and act with reference to notices required by said Article III.

History. — Ga. L. 1977, p. 578, § 3; Ga. L. 2009, p. 453, § 2-2/HB 228.

39-4-2. “Appropriate authority in the receiving state” defined.

As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the term “appropriate authority in the receiving state” means, with reference to this state, the Department of Human Services.

History. — Ga. L. 1977, p. 578, § 4; Ga. L. 2009, p. 453, § 2-2/HB 228.

39-4-3. “Executive head” defined.

As used in Article VII of the Interstate Compact on the Placement of Children, the term “executive head” means the Governor.

History. — Ga. L. 1977, p. 578, § 9.

39-4-4. Enactment and text of compact.

The Interstate Compact on the Placement of Children is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

Article I. Purpose and Policy.

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

Article II. Definitions.

  1. Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
  2. The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
  3. The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
  4. Appropriate jurisdictional arrangements for the care of children will be promoted.

    As used in this compact:

Article III. Conditions for Placement.

Article IV. Penalty for Illegal Placement.

  1. “Child” means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.
  2. “Sending agency” means a party state, or officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.
  3. “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
  4. “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.
  5. No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this Article and with the applicable laws of the receiving state governing the placement of children therein.
  6. Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:
    1. The name, date and place of birth of the child.
    2. The identity and address or addresses of the parents or legal guardian.
    3. The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.
    4. A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
  7. Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this Article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
  8. The child shall not be sent, brought or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

    The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place or care for children.

Article V. Retention of Jurisdiction.

Article VI. Institutional Care of Delinquent Children.

  1. The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
  2. When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.
  3. Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

    A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

Article VII. Compact Administrator.

  1. Equivalent facilities for the child are not available in the sending agency’s jurisdiction; and
  2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

    The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

Article VIII. Limitations.

This compact shall not apply to:

Article IX. Enactment and Withdrawal.

  1. The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state.
  2. Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

    This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

Article X. Construction and Severability.

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

History. — Ga. L. 1977, p. 578, § 1.

JUDICIAL DECISIONS

Applicability in adoption proceedings. —

When persons seeking to adopt obtained a valid surrender, but were legally precluded from adopting in Georgia, the trial court should have transferred custody to them in order to assist in their pursuit of an Alabama adoption; such action would have been consistent with the Interstate Compact on the Placement of Children, O.C.G.A. § 39-4-4 , the Uniform Child Custody Jurisdiction Act, O.C.G.A. Art. 3, Ch. 9, T. 19, other Georgia statutes, Georgia’s public policy, and the best interests of the child. In re Stroh, 240 Ga. App. 835 , 523 S.E.2d 887 (1999).

Application in dependency proceedings. —

Because the juvenile court did not err in extending a temporary custody order in favor of the Department of Family and Children Services, the Interstate Compact on the Placement of Children, O.C.G.A. § 39-4-4 , continued to apply. In the Interest of R.B., 285 Ga. App. 556 , 647 S.E.2d 300 (2007).

Retention of jurisdiction in termination proceedings. —

South Carolina Department of Social Services (SCDSS) maintained legal custody of the child despite a ruling by a Georgia court granting the parents custody since SCDSS did not abdicate its jurisdiction over the child and was the legal custodian of the child after the child was placed with a paternal uncle and aunt; the parents’ action in Georgia was not authorized under the Interstate Compact on the Placement of Children, O.C.G.A. § 39-4-4 , as the parents could not force Georgia to divest SCDSS of its jurisdiction. In the Interest of K.W., 261 Ga. App. 654 , 583 S.E.2d 509 (2003).

RESEARCH REFERENCES

C.J.S. —

43 C.J.S., Infants, §§ 1, 393. 81A C.J.S., States, § 71 et seq.

39-4-5. Appointment of compact administrator.

The Governor is authorized to appoint a compact administrator in accordance with the terms of Article VII of the compact.

History. — Ga. L. 1977, p. 578, § 9.

39-4-6. Supplementary agreements generally.

The officers and agencies of this state and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children.

History. — Ga. L. 1977, p. 578, § 5.

RESEARCH REFERENCES

C.J.S. —

81A C.J.S., States, § 71 et seq.

39-4-7. Effect of placement of child in another state upon jurisdiction of court making placement.

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.

History. — Ga. L. 1977, p. 578, § 8.

Cross references. —

Court disposition of delinquent children generally, § 15-11-35 .

39-4-8. Standards for determination of financial responsibility for children placed pursuant to compact.

Financial responsibility for any child placed pursuant to the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, Articles 1 and 2 of Chapter 11 of Title 19, relating to enforcement of support obligations and other applicable provisions of law may also be invoked.

History. — Ga. L. 1977, p. 578, § 2.

39-4-9. Applicability of Code Section 49-5-15 to placements made pursuant to compact.

Code Section 49-5-15 shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.

History. — Ga. L. 1977, p. 578, § 7.

39-4-10. Satisfaction of requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies.

Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under Code Section 49-5-12 shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children.

History. — Ga. L. 1977, p. 578, § 6.

CHAPTER 5 Online Internet Safety

Law reviews. —

For article, “Revenge Pornography and First Amendment Exceptions,” see 65 Emory L.J. 661 (2016).

For article, “Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution the Problems with Pornography Regulation: Lessons from History,” see 68 Emory L.J. 867 (2019).

For article, “Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution Changing Faces: Morphed Child Pornography Images and the First Amendment,” see 68 Emory L.J. 909 (2019).

For note, “The Four Horsemen of the Internet Apocalypse: The Revelation of State Net Neutrality Laws,” see 54 Ga. L. Rev. 977 (2020).

RESEARCH REFERENCES

Am. Jur. 2d. —

Am. Jur. 2d, New Topic Service, Computers and the Internet, § 1 et seq.

39-5-1. Definitions.

As used in this chapter, the term:

  1. “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; provided, however, that such term shall not include an entity that provides access to the Internet using wireless service.
  2. “Internet access provider” means an entity that provides consumers with access to the Internet; provided, however, that such term shall not include an entity that provides access to the Internet using wireless service.
  3. “Internet or any other computer network” means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor or successor of the Internet.
  4. “Minor” means a person who is less than 18 years of age.
  5. “Wireless service” shall have the same meaning as set forth in paragraph (3) of Code Section 46-5-221.

History. — Code 1981, § 39-5-1 , enacted by Ga. L. 2008, p. 810, § 2/SB 474; Ga. L. 2009, p. 8, § 39/SB 46.

39-5-2. Notification to subscribers of products that limit, restrict, or monitor a minor’s use of the Internet.

  1. If an Internet access provider knows or has reason to know from registration data in its possession that a subscriber currently resides within this state, such provider shall make available to the subscriber, in accordance with subsection (c) of this Code section, a product or service that enables the subscriber to control a minor’s use of the Internet, if such product or service is reasonably and commercially available for the technology used by the subscriber to access the Internet.
  2. The product or service shall enable, in a commercially reasonable manner, the subscriber to:
    1. Block a minor’s access to specific websites or domains;
    2. Restrict a minor’s access exclusively to specific websites or domains approved by the subscriber; and
    3. Allow the subscriber to monitor a minor’s use of the Internet service by providing a report to the subscriber of the specific websites or domains that the minor has visited or has attempted to visit but could not access because the websites or domains were blocked or restricted by the subscriber.
  3. If a product or service described in this Code section is reasonably and commercially available for the technology utilized by the subscriber to access the Internet service, the Internet service provider shall:
    1. Provide to the subscriber, at or near the time of subscription, information about the availability of a product or service described in this Code section; or
    2. Make a product or service described in this Code section available to the subscriber either directly or through a third-party vendor and may charge for the product or service.

History. — Code 1981, § 39-5-2 , enacted by Ga. L. 2008, p. 810, § 2/SB 474.

39-5-3. Immunity for computer service providers.

  1. Telecommunications service providers, wireless service providers, and providers of information services, including, but not limited to Internet service providers and hosting service providers, shall not be liable under this chapter by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications or information services used by others in violation of this chapter.
  2. No provider of an interactive computer service shall be liable under this chapter for:
    1. Identifying, removing, disabling, blocking, or otherwise affecting a user based upon a good faith belief that user’s e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry; or
    2. Failing to identify, block, or otherwise prevent a person from registering for an interactive computer service or failing to remove, disable, or otherwise affect a registered user whose e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry.

History. — Code 1981, § 39-5-3 , enacted by Ga. L. 2008, p. 810, § 2/SB 474.

39-5-4. Report of certain information; failure to report required information; penalties.

  1. An interactive computer service doing business in this state that obtains knowledge of facts or circumstances from which a violation of any law of this state prohibiting child pornography is apparent shall make a report, as soon as reasonably possible, of such facts and circumstances to the Cyber Tipline at the National Center for Missing and Exploited Children.
  2. Any interactive computer service that knowingly and willfully violates subsection (a) of this Code section shall be guilty of a misdemeanor and upon a second or subsequent conviction shall be guilty of a misdemeanor of a high and aggravated nature.

History. — Code 1981, § 39-5-4 , enacted by Ga. L. 2008, p. 810, § 2/SB 474.