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GA HB840

Bill

Status

Introduced

3/27/2023

Primary Sponsor

Tim Fleming

Click for details

Origin

House of Representatives

2023-2024 Regular Session

AI Summary

  • Creates a civil right of action against any person who knowingly or negligently engages in sexually explicit conduct or restricted sexual conduct in the presence of a minor (under 18), as well as against any person who allows, permits, encourages, or requires a minor to be present during such conduct
  • Authorizes the Department of Revenue to fine hotels and food service establishments $50,000 for a first violation and $100,000 for a second or subsequent violation, and to suspend or revoke alcohol licenses, when an establishment admits a minor to be present during sexually explicit or restricted sexual conduct
  • Provides a complete defense to restricted sexual conduct claims if the accused had reasonable cause to believe the minor was 18 or older, or the minor presented a driver's license, passport, or other official ID purporting to show they were 18+; parental accompaniment is explicitly not a defense
  • Prevailing plaintiffs are entitled to court costs, litigation costs, and reasonable attorney's fees, with a four-year statute of limitations on all claims
  • Applies to causes of action accruing on or after July 1, 2024

Legislative Description

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

Last Action

House Committee Favorably Reported By Substitute

2/29/2024

Committee Referrals

Judiciary3/29/2023

Full Bill Text

No bill text available