Georgia runs a tight ship on sex offenders. As a result, Georgia sex offender laws include strict registration requirements, residency restrictions, and work limitations. We cover everything you need to know about the sex offender laws in Georgia, sans the legal jargon.
*This article is for informational purposes only and is not meant to serve as legal advice. Please consult an attorney if you need to obtain legal advice.
Georgia Sex Offender Registration Laws
Sex offender statistics show that Georgia has nearly 20,000 registered sex offenders as of 2022. These offenders face life-altering consequences when being placed on the sex offender registry in Georgia. They must adhere to strict registration requirements and other restrictions.
Individuals convicted of sex offenses against minors and dangerous sex offenses must register as Georgia state sex offenders. Violations that are handled in juvenile court and some misdemeanor convictions are excluded from sex offender registration. Below you can see the crime categories that require registration in Georgia.
Offenses against minors that require registration include:
- Criminal sexual conduct against a minor
- False imprisonment of a minor by someone other than a parent
- The kidnapping of a minor by someone other than a parent
- Solicitation of a minor for sexual conduct or prostitution
- Engaging in sexually explicit conduct with a minor for the production of visuals
- Creating, distributing, selling, or possessing child pornography
- Using a minor in a sexual performance
- Any conduct of a sexual nature against a minor.
Dangerous sex offenses that require registration include:
- Rape
- Aggravated assault where rape was the primary intent
- Statutory rape in cases where the offender is older than 21 years of age
- Incest
- Aggravated sexual battery or second conviction of sexual battery
- Child molestation and aggravated child molestation
- Kidnapping a minor younger than 14 years of age by an individual other than a parent
- False imprisonment of a minor younger than 14 by an individual other than a parent
- Sodomy and aggravated sodomy
- Enticing a child for indecent reasons
- Sexual exploitation of minors or child pornography
- Sharing obscene materials with minors electronically
- Obscene telephone contact
- Sexual assault against individuals in custody
- Enticing a minor for indecent reasons
- Any other sexually motivated offense against a minor.
Similar to the majority of states, Georgia’s sex offender system recognizes three sex offender risk levels:
Level 1 sex offender
Level 1 sex offender is typically assigned to first-time offenders. It signifies low offense and recidivism risk. These individuals are not believed to have predatory behavior and aren’t considered a threat to the public.
Level 2 sex offenders
Level 2 sex offenders carry an intermediate sex offense and recidivism risk for new sexual offenses, meaning there’s a possibility of re-offending.
Sexually Dangerous Predators
A sexually dangerous predator is an offender for whom the Sexual Offender Registration Review Board has determined to be at risk of committing any future dangerous sexual offense. Sex offenders designated a sexually violent predator status between July 1, 1996, and June 30, 2006, also fall under this category. Every sexually dangerous predator must wear and cover the cost of an electronic monitoring device for life.
The Georgia Bureau of Investigation and Department of Community Supervision collect the following information from sex offenders upon registration:
- Name and aliases
- Physical description
- Current photo
- Current Address
- Place of employment
- Fingerprints
- Crime for which is placed on the Georgia sex registry, including the date of conviction and date of release from prison or placement on parole, probation, or supervised release
- School information if the offender attends any school.
This information is made public through the GA sex offender registry, where everyone can use filters by name, type of offense, location, race, gender, etc., to find offenders in their neighborhood, county, among colleagues, etc. Alternatively, they can use people search websites for more detailed records on specific people, including address history, criminal history, vehicles owned, and other details.
According to the sex offenders laws in Georgia, sex offenders who are required to register must provide the information to the relevant official before prison release or placement on parole, probation, or supervised release. Furthermore, offenders must register with the sheriff of the county where they reside within 72 hours from release from prison or placement on parole, supervised release, or probation. Offenders must also update the registration information and get fingerprinted and photographed every year 72 hours before their birthday.
Sexually dangerous predators must report twice a year, six months following their birthday. Homeless offenders must update their information within 72 hours of becoming homeless and whenever they change their sleeping location. If they sleep in multiple locations, they must report to the sheriffs of all the counties where they reside.
If an offender is employed, carries a vocation, or studies in another state, they must register if that state’s laws require registration.
Removal From the Sexual Offender Registry in Georgia
All sex offenders on the state’s list must register for life unless the court approves removal. Removal from the sexual registry in Georgia is possible only for some sex offenders. Offenders who have completed their sentence, parole, probation, and supervision and have been classified as Level 1 low risk upon assessment can petition the court for removal from the registry and to have the residence and employment restrictions lifted.
Generally speaking, the higher the risk level, the lower the chances for removal. Level 2 offenders can petition the court for removal but must wait 10 years from when their sentence ends. If a petition for release is denied, offenders are not allowed to submit another petition for release for two years from the date of the final order on the previous petition.
Georgia Sex Offender Notification Laws
The sex offender laws in GA demand community notification. The sheriff’s office is in charge of preparing and maintaining a list of all sex offenders and sexually dangerous predators. This list should include each offender’s name, age, physical description, address, crime, conviction date, jurisdiction of conviction, current photo, and sex offender level as assigned by the risk assessment board, along with an explanation of how offenders are classified. This list should be available to the public both physically and electronically in the office of the clerk of the superior court.
The sheriff’s office may post this list in its public buildings so community members can see it anytime. The sheriff’s office may also Inform the public of the presence of sexual offenders in each community in different ways. Due to the wide availability of this data, states, including Georgia, have laws protecting sex offenders from harassment, meaning that no one can use the information on the registry to harm sex offenders in any way.
At least once a year, the Department of Education should obtain a complete, updated list of sex offenders and their addresses and pass it to each school in the state, accompanied by a hold harmless provision. When changes on the list occur, such as a new sex offender is added, address changes, an out-of-state offender is moving to Georgia, etc., the sheriff’s office of each county must deliver the updated list to all of the county’s schools and institutions of higher education within 72 hours.
The Department of Elderly Care and Learning is in charge of informing all child care programs under Code Section 20-1A-10 and all child care learning centers, day-care, group day-care, and family day-care programs under Code Section 49-5-12 of the latest methods of accessing and retrieving data from the GA sex offender register website at least once a year.
The Department of Human Resources provides the most up-to-date information to all long-term care facilities for children on how to access and retrieve the names and addresses of all registered sex offenders in GA through the website.
Georgia Sex Offender Residency Restrictions
Georgia sex offender laws have evolved throughout the years, imposing harsher restrictions on sex offenders with time. Residency restrictions for registered sex offenders in GA vary depending on when the offender was convicted. Below you can see the residency restrictions based on when the crime occurred. If an offender is already living in an area where a facility from which the offender must maintain 1,000 feet of distance is established after they have established a residence in that area, they can petition to remain in their residence.
Georgia Sex Offender Residency Restrictions for Crimes Committed Before June 4, 2003
Residence restrictions in Georgia don’t apply to offenders who have committed their crimes before June 4, 2003. Even without official rules, registered sex offenders have difficulty finding stable housing as most landlords conduct tenant screening.
Georgia Sex Offender Residency Restrictions for Crimes Committed Between June 4, 2003, and June 30, 2006
The residence restrictions for offenders who have committed their sex crimes between June 4, 2003, and June 30, 2006, prohibit them from establishing a residence within 1,000 feet of any area where children gather, including childcare facilities, schools, public and private parks, recreation centers, neighborhood centers, gymnasiums and other similar facilities that typically cater to children. These restrictions are made in an effort to decrease pedophile statistics.
Georgia Sex Offender Residency Restrictions for Crimes Committed Between June 31, 2006, and June 30, 2008
Offenders who have committed crimes between June 31, 2006, and on or before June 30, 2008, are not allowed to live within 1,000 feet of any childcare facility, church, school, playground, recreation center, neighborhood center, park, public swimming pool, gymnasium, skating rink, and school bus stop.
Georgia Sex Offender Residency Restrictions for Crimes Committed After June 30, 2008
The residency restrictions for offenders who have committed sex crimes after June 30, 2008, also prohibit them from establishing a residence within 1,000 feet of childcare facilities, schools, playgrounds, recreational centers, neighborhood centers, parks, churches, community swimming pools, skating rinks, gymnasiums, school bus stops, and public libraries.
Georgia Sex Offender Employment Restrictions
Due to the many changes in Georgia sex offender laws, the work restrictions for sex offenders also vary depending on the time of occurrence. If the offender is already working for an organization where restricted entities like schools, churches, and childcare facilities get established within 1,000 feet, they may petition to stay in their current work position under specific circumstances. Below you can find a detailed explanation of the GA sex offender restrictions regarding employment.
Georgia Sex Offender Work Restrictions for Crimes Committed Before June 4, 2003, and Crimes Committed Between June 4, 2003, and June 30, 2006
Offenders who have committed crimes before June 4, 2003, and Between June 4, 2003, and June 30, 2006, are not subject to any employment GA sex offender restrictions. This, however, doesn’t mean they can quickly get a job anywhere they want. Even if they have the necessary skills and education to pass pre-employment education verification, the offender status will undoubtedly get in the way of securing stable employment.
Georgia Sex Offender Work Restrictions for Crimes Committed Between June 31, 2006, and June 30, 2008
Offenders who have committed sex crimes after June 30, 2006, and on or before June 30, 2008, are not allowed to work for childcare facilities, churches, schools, or any other business within 1,000 feet of these facilities. With many employers conducting pre-employment background checks, finding a stable job is a hassle for those on the sex offender registry in GA.
Georgia Sex Offender Work Restrictions for Crimes Committed After June 30, 2008
Offenders who have committed sex crimes after June 30, 2008, are prohibited from working or volunteering at childcare facilities, churches, schools, or any entity within 1,000 feet of these institutions. Offenders are still allowed to participate in church activities but aren’t allowed to work with children or perform any tasks that would ordinarily be served for compensation. Many nonprofits run criminal background checks on potential employees and volunteers to protect their reputations and avoid lawsuits, meaning that offenders have minimal chances to work or volunteer at any organization in the nonprofit sector.
Sex Offender Travel Restrictions
Sex offenders in Georgia can travel to other states unless their parole, probation, or supervised release conditions state otherwise. Georgia sex offenders who want to travel internationally must respect the federal SORNA laws, which include reporting their travel plans and other relevant information at least 21 days before departure. If a sex offender from Georgia intends to relocate to another state, they must register the new address with the sheriff of the county where the offender last registered as well as the new law enforcement agency in the other state where the offender intends to live, within 72 hours from establishing residence in that state.
According to sex offender laws in GA, when a nonresident offender visits Georgia for vacation, a wedding, or another temporary visit, they are not required to register on the sex registry in Georgia. But if an offender enters Georgia for employment, studies, or any other reason that requires them to stay for 14 consecutive days or a total of 30+ days in a calendar year, the offender must report as a sex offender in Georgia.
Penalties for Failure to Register on the State of Georgia Sex Offender Registry
Incarceration statistics show that nearly 80% of former felons are rearrested within five years. Failure to comply with the Georgia sex offender laws is one of the reasons registered offenders end up behind bars again. Failure to register as a sex offender in Georgia is a felony punishable with a prison term between one and thirty years for first convictions and five and thirty years for second convictions. A sex offender can face convictions for failing to register if they provide false information or fail to report to the sheriff 72 hours before their birthday.
Georgia Sex Offender Laws FAQs
What is a level 1 sex offender in Georgia?
Level 1 registered sex offenders in GA are often first-time offenders. They are convicted for lower-level offenses and carry a low risk of reoffending.
What is a level 2 sex offender in Georgia?
Level 2 sex offenders in Georgia are considered a moderate sex offense and at risk of reoffending.
Where can sex offenders live in Georgia?
Depending on the offense, state of Georgia sex offenders may or may not face residency restrictions. Offenders who have committed sex crimes before June 4, 2003, are not subject to residency restrictions and can live whenever they want. Offenders who have committed crimes between June 4, 2003, and June 30, 2006, have to respect the GA sex offender proximity laws, which prohibit them from establishing residence within 1,000 feet from:
- Childcare facilities
- Schools
- Public and private parks
- Recreation centers
- Neighborhood centers
- Gymnasiums
- Other places where children typically gather.
Those who have committed crimes between June 31, 2006, and June 30, 2008, are also subject to the GA sex offender proximity laws, meaning they are not allowed to live within 1,000 of the places mentioned above, plus:
- Churches
- Playgrounds
- Public swimming pools
- Skating rinks
- School bus stops.
The sex offender laws in Georgia prohibit sex offenders who have committed crimes after June 30, 2008, from establishing residence within 1,000 feet of all the places mentioned above, plus public libraries.
Can you be removed from the sex offender registry in Georgia?
You can get removed from the sex offenders registry in GA if you have completed your incarceration, parole, probation, or supervision and have been assigned a level 1 sex offender status. The removal isn’t automatic; you must petition the court and get approved for removal. Level 2 offenders can also petition the court for removal after ten years from the end of their sentence. Higher-risk Georgia sex offender levels have a more challenging time getting removed.
Can sex offenders go to church in Georgia?
According to Georgia sex offender laws, registered sex offenders in GA can participate in church activities. Still, they are not allowed to volunteer, work, or live within 1,000 feet of a church. Finding a church to attend, on the other hand, can be challenging due to the stigma in the community and the fact that many churches prohibit sex offenders from attending services.
