49-5-40 Definitions; confidentiality of records; restricted assess to records

  (a) As used in this article, the term:

    (1) "Abused" means subjected to child abuse.

    (2) "Child" means any person under 18 years of age.

    (3) "Child abuse" means:

      (A) Physical injury or death inflicted upon a child by a parent
      or caretaker thereof by other than accidental means; provided,
      however, physical forms of discipline may be used as long as
      there is no physical injury to the child;

      (B) Neglect or exploitation of a child by a parent or caretaker
      thereof;

      (C) Sexual abuse of a child;

      (D) Sexual exploitation of a child; or

      (E) However, no child who in good faith is being treated solely
      by spiritual means through prayer in accordance with the tenets
      and practices of a recognized church or religious denomination
      by a duly accredited practitioner thereof shall, for that reason
      alone, be considered to be an "abused" child.

    (3.1) "Sexual abuse" means a person's employing, using,
    persuading, inducing, enticing, or coercing any minor who is not
    that person's spouse to engage in any act which involves:

      (A) Sexual intercourse, including genital-genital, oral-genital,
      anal-genital, or oral-anal, whether between persons of the same
      or opposite sex;

      (B) Bestiality;

      (C) Masturbation;

      (D) Lewd exhibition of the genitals or pubic area of any person;

      (E) Flagellation or torture by or upon a person who is nude;

      (F) Condition of being fettered, bound, or otherwise physically
      restrained on the part of a person who is nude;

      (G) Physical contact in an act of apparent sexual stimulation or
      gratification with any person's clothed or unclothed genitals,
      pubic area, or buttocks or with a female's clothed or unclothed
      breasts;

      (H) Defecation or urination for the purpose of sexual
      stimulation; or

      (I) Penetration of the vagina or rectum by any object except
      when done as part of a recognized medical procedure.

    "Sexual abuse" shall not include consensual sex acts involving
    persons of the opposite sex when the sex acts are between minors
    or between a minor and an adult who is not more than five years
    older than the minor.  This provision shall not be deemed or
    construed to repeal any law concerning the age or capacity to
    consent.

    (4) "Sexual exploitation" means conduct by a child's parent or
    caretaker who allows, permits, encourages, or requires that child
    to engage in:

      (A) Prostitution, as defined in Code Section 16-6-9; or

      (B) Sexually explicit conduct for the purpose of producing any
      visual or print medium depicting such conduct, as defined in
      Code Section 16-12-100.

  (b) Each and every record concerning reports of child abuse and
  child controlled substance or marijuana abuse which is in the
  custody of the department or other state or local agency is declared
  to be confidential, and access thereto is prohibited except as
  provided in Code Section 49-5-41 and Code Section 49-5-41.1.

49-5-41