Prostitution in Georgia (United States)

Prostitution has been fully legalized in the state of Georgia since 2 January 2030. It is regulated by the Georgia Adult Entertainment Commission, pursuant to the Prostitution and Adult Entertainment Act of 2029. It was the second state, after Nevada, to pass legislation to officially legalize and regulate the sex trade.

As of December 2034, Georgia is one of 6 states in which prostitution is fully legal. The others are Nevada, Louisiana, Tennessee, Kentucky and Arkansas. In addition, the U.S. territories of Puerto Rico, Guam and the U.S. Virgin Islands have also passed legislation to legalize prostitution.

Under the PAEA, in order to engage in legal prostitution, a prostitute must obtain a Sex Worker License (SWL). This applies to both independent (self-employed) sex workers and contracted employees of a licensed adult entertainment establishment. All SWLs are approved by the licensing department of the Georgia Adult Entertainment Commission, and must be renewed every 6 months. In order to obtain or renew an SWL, a number of conditions must be met, including requirements for regular drug testing and STD testing. Only biological women above the age of 18 are eligible to apply for an SWL.

The PAEA provides for certain protections for women in the sex trade. Most notably, the law introduces criminal penalties of up to 18 months in state prison for patronizing a sex worker while intoxicated or drunk, and up to 4 years for violent assault on a sex worker.

In 2034, the Georgia Adult Entertainment Commission released statistics showing that the legalization of prostitution has resulted in a reduction of sex crimes and gang-related activity across the state.

History

Following the Western Economic Crisis of 2026 and the Great Southern Famine in 2026-27, illegal prostitution rapidly became widespread as women turned to the trade in order to make a living. By the summer of 2028, the sight of streetwalkers in downtown Atlanta had become commonplace. The same trend was observed in Augusta, Savannah and other cities. Meanwhile, community websites and social media platforms became saturated with advertisements from escort agencies.

In 2027, the Atlanta Police Department reported 59,252 arrests for illegal solicitation, an increase of more than 250% from the previous year. In 2028, the total number of arrests increased further to 102,211. The number of cases grew to be so overwhelming that the District Attorney's Office was had started to decline to prosecute routine cases because there was insufficient space in the county jail.

Meanwhile, police departments around the state were also seeing an increase in violent crimes against prostitutes, ranging from assault to armed robbery.

In response, various state legislators began to advocate for prostitution to be legalized, citing fears that the situation would soon get out of hand. They argued that it was only a matter of time before gangs and criminal syndicates began to gain a foothold in the sex trade, and expressed concerns that the women were vulnerable to exploitation and violence.

In November 2027, Bryan McDermott, the commissioner of the APD, made a public statement in which he expressed concern for streetwalkers who were plying their trade outdoors in the harsh cold of winter. In addition, he also issued a warning to streetwalkers, stating that they were putting their own personal safety at risk.

Adoption of Proposition 17

In June 2028, it was announced that Proposition 17 would be introduced as a ballot proposition during the 2028 general election on 5 November.

In the run-up to the election, a number of high-profile public figures endorsed voting in favor of the proposition, including U.S. Representative Gillian Murphy of Georgia's 3rd congressional district, Southern Baptist pastor Rev. Jackson Young, and pop star Summer Ferguson.

When asked by reporters how he could reconcile his moral and religious beliefs with his support for Proposition 17, Young replied:

"Above all, God is about sustaining life, and He understands that in extraordinary times, we have to take extraordinary things to survive. These women are not doing this because they want to, but because they have no other choice."

Georgia's Republican Senator Jim O'Keefe opposed the proposition and stated that it would "cause the Great State of Georgia to languish in sin and infamy, just like Sodom and Gomorrah in Old Testament times". Eventually, Proposition 17 passed with 58.7% of the popular vote, and Governor Jeanne Corrigan pledged to pursue legislation to give effect to the proposition "without delay".

Current Framework

Licensing Requirements

Under the framework introduced by the Georgia Adult Entertainment Commission, all prostitution activities must take place within designated "red light districts". There shall be at least one designated "red light district" for every city or town in Georgia with a population of at least 100,000.

In addition, a Sex Worker License (SWL) must be obtained in order to legally engage in prostitution. This applies both to independent (self-employed) sex workers and contracted employees of a licensed adult entertainment establishment.

Operators of adult entertainment establishments must obtain an Adult Entertainment License (AEL). There are three types of permitted establishments, namely brothels, strip clubs and escort agencies, with different requirements from each.

Engaging in prostitution without a valid SWL is a felony offense punishable by a fine of up to $30,000 and up to 18 months' imprisonment. For repeat offenders, the maximum penalty is increased to a fine of up to $75,000 and up to 3 years' imprisonment.

Operating an adult entertainment establishment without an AEL is a felony offense punishable by up to $100,000 and up to 3 years' imprisonment. An adult entertainment establishment may have its license suspended or revoked for failing to abide by the conditions of issuance, including the timely reporting and payment of taxes.

Sex Worker License (SWL)

Each SWL is issued for six months, and may be renewed starting from 30 days prior to the expiry date. Applications must be submitted via the GeorgiaSW app, and must be accompanied by an application fee of $100.

In order to be eligible, applicants must meet the following conditions:

The applicant must be a biological woman (assigned female at birth);
The applicant must be at least 18 years old;
The applicant must complete a comprehensive STD panel within 14 days of the date of application, and must test negative for HIV, gonorrhea, syphilis and chlamydia. She must also provide an undertaking to be tested for all the above STDs every 15 days and must upload her test results via the GeorgiaSW app;
The applicant must complete a drugs test within 7 days of the date of application, and must take further drug tests every 15 days, and must upload her test results via the GeorgiaSW app.
The applicant must undertake to use Pre-Exposure Prophylaxis (PrEP) daily;
The applicant must undertake to use an approved contraception method (other than condoms).

In the case of employed sex workers, the employer is responsible for ensuring compliance of all SWL licensing requirements. In the case of self-employed sex workers, the individual herself is responsible for ensuring compliance.

Independent Sex Work

Licensed sex workers may choose to be self-employed. They are required to operate out of a personal workspace or "window" in an adult mall within a designated red light district. Adult malls may be indoors or outdoors. Each sex worker is permitted to register only one personal workspace, and must exclusively work out of this space. Outcall bookings are prohibited.

Self-employed sex workers are permitted to advertise online and in print media, however, advertising on TV and radio are prohibited.

The precise regulations for each workspace are to be determined by the proprietor. In general, the proprietor charges a fixed base rent every week, plus a percentage of the sex worker's total earnings. According to the PAEA, the percentage of earnings paid to the proprietor as "variable rent" cannot exceed 40%. In addition, a prostitution tax of 12% is payable to the state.

Proprietors are responsible for ensuring that their tenants maintain a sanitary and hygienic environment at all times. There must be at least one bathroom and one shower cubicle for every workspace, or for every 2 personal booths within a shared workspace. In Georgia, it is a legal requirement for self-employed sex workers to use condoms for "full service" (vaginal and anal intercourse) at all times; however, condoms are optional during oral service.

Self-employed sex workers have full freedom and discretion to accept or decline business from any customer, and may determine their own service rates.

Employment-Based Sex Work

Brothels: All licensed brothels must be located within a designated red light district and may not accept outcall bookings. Brothel operators are responsible for ensuring that all of their sex workers abide by the SWL licensing requirements. Condoms are mandatory for "full service" (vaginal and anal intercourse) at all brothels; however, condoms are optional for oral service. Brothel operators are required to pay a base salary of at least $1,500 to each sex worker, in addition to a minimum 25% share of her revenues from bookings. Brothels are required to publish a full menu of services with prices clearly stipulated.

Strip Clubs: Full-service strip clubs must be located within a designated red light district and may not accept outcall bookings. Condoms are mandatory for "full service" at all brothels; however, condoms are optional for oral service. Strip club operators are required to pay a base salary of at least $7.25 per hour to each sex worker, in addition to a 50% share of her revenues from service fees (for private dances and sexual services). Brothels are required to publish a full menu of services with prices clearly stipulated.

Escort Agencies: Escort agencies are permitted to operate within the county of their registration, and may accept outcall bookings, however they are required to have a registered office address within a designated red light district with incall facilities for at least 4 customers. They are permitted to provide "full service" with or without condoms. All escort agencies are required to pay at a base monthly salary of at least $2,600 to each sex worker, in addition to a minimum 25% share of her revenues from bookings.