(Code 1933, § 26-2015, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1970, p. 236, § 4; Ga. L. 1988, p. 1797, § 2; Ga. L. 1992, p. 6, § 16; Ga. L. 1998, p. 1301, § 2; Ga. L. 2001, p. 92, § 4; Ga. L. 2003, p. 878, § 1.1; Ga. L. 2011, p. 217, § 2/HB 200; Ga. L. 2017, p. 489, § 3/HB 341; Ga. L. 2019, p. 73, § 1/HB 281; Ga. L. 2019, p. 74, § 1-7/SB 158.)
The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.".
The 2019 amendments. The first 2019 amendment, effective July 1, 2019, substituted the present provisions of paragraph (a)(3) for the former provisions, which read: "Code Section 16-6-11 shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of imprisonment imposed may be suspended, stayed, or probated; or"; substituted the present provisions of paragraph (a)(4) for the former provisions, which read: "Code Section 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature, and at the sole discretion of the judge, all but 24 hours of any term of imprisonment imposed may be suspended, stayed, or probated."; and substituted "30 years and a fine of not more than $100,000.00" for "30 years, a fine of not more than $100,000.00, or both" near the end of paragraph (b)(2). The second 2019 amendment, effective July 1, 2019, substituted "Reserved." for the former provisions of paragraph (b)(1), which read: "A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense involves the conduct of a person who is at least 16 but less than 18 years of age shall be guilty of a felony and shall be punished by imprisonment for a period of not less than five nor more than 20 years, a fine of not less than $2,500.00 nor more than $10,000.00, or both.", and, in paragraph (b)(2), substituted "age of 18" for "age of 16" and substituted "30 years and a fine of not more than $100,000.00" for "30 years, a fine of not more than $100,000.00, or both". See Editor's note for applicability.
Cross references.- Affirmative defense to certain sexual crimes, § 16-3-6.
Registered offenders residing within areas where minors congregate, § 42-1-13.
Editor's notes.- Ga. L. 2001, p. 92, §§ 1 and 2, not codified by the General Assembly, provide: "This Act shall be known and may be cited as the 'Child Sexual Commerce Prevention Act of 2001.' The General Assembly acknowledges that children are increasingly induced, coerced, or compelled to perform sexual acts for the financial benefit of third parties. The General Assembly enacts this law to express its abhorrence for these practices and to better protect children from sexual exploitation."
Ga. L. 2019, p. 74, § 1-1/SB 158, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Anti-Human Trafficking Protective Response Act.'"
Ga. L. 2019, p. 74, § 3-1/SB 158, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2019, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2019, shall be governed by the statute in effect at the time of such offense, and any resulting conviction shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction."
Law reviews.- For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U. L. Rev. 69 (1998). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 131 (2011). For article, "Crimes and Offenses: Crimes Against the Person," see 28 Ga. St. U. L. Rev. 131 (2011). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 63 (2019). For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 32 (2001).
JUDICIAL DECISIONS
Failure to request lesser included offense instruction.
- Counsel was not ineffective for failing to request a jury instruction on the crime of pimping as a lesser-included offense of trafficking a minor for sexual servitude without the use of coercion because the jury found the defendant guilty on the three trafficking without coercion counts and on three related counts charging the greater offense of trafficking the victim for sexual servitude through the use of coercion; thus, the defendant did not meet the defendant's burden of showing that there was a reasonable possibility that the jury would have acquitted the defendant on all of the indicted offenses and, instead, convicted the defendant only of pimping if counsel had requested a jury instruction on pimping as a lesser-included offense. Byrd v. State, 344 Ga. App. 780, 811 S.E.2d 85 (2018), overruled on other grounds by Thomas v. State, 352 Ga. App. 640, 835 S.E.2d 640 (2019).
Conviction for felony versus misdemeanor appropriate.
- Trial court did not err by sentencing defendant for felony pimping, instead of only a misdemeanor count of pimping, as defendant was charged with instructing a person to commit the act of prostitution and receiving money therefrom, which was a clear violation of O.C.G.A. § 16-6-11(4), and because the indictment alleged that the person whom defendant instructed was under the age of 18 years, the crime of pimping was elevated to a felony under O.C.G.A. § 16-6-13(b). Burroughs v. State, 292 Ga. App. 580, 665 S.E.2d 4 (2008), cert. denied, No. S08C1930, 2008 Ga. LEXIS 930 (Ga. 2008).
Failure to request instruction on pimping.
- Counsel was not ineffective for failing to request a jury instruction on the crime of pimping as a lesser-included offense of trafficking a minor for sexual servitude without the use of coercion because counsel believed that requesting an instruction on pimping as a lesser-included offense would have eliminated any chance of obtaining a full acquittal on all charges; and requesting a pimping instruction would have given the jury the opportunity to acquit the defendant on the sexual trafficking charges, but still find the defendant guilty of pimping, and that potential outcome outweighed any benefit to the defendant as pimping carried a substantial sentence that was comparable to that of trafficking for sexual servitude without coercion. Byrd v. State, 344 Ga. App. 780, 811 S.E.2d 85 (2018), overruled on other grounds by Thomas v. State, 352 Ga. App. 640, 835 S.E.2d 640 (2019).
Cited in Sutton v. Garmon, 245 Ga. 685, 266 S.E.2d 497 (1980).