Georgia Criminal Defense Lawyer Blog
Per Georgia Code § 16-6-4, child molestation is defined as an individual performing any unethical or inappropriate act towards, in the vicinity of, or with a minor under 16 years old, with the aim of stimulating or fulfilling the sexual cravings of either the minor or the individual, or
Through the use of an electronic gadget, sending pictures of an individual involved in, encouraging, or otherwise partaking in any unethical or inappropriate act to a minor under 16 years old, with the aim of stimulating or fulfilling the sexual cravings of either the minor or the individual.
When the victim is between 13 and 16 years old, and the perpetrator is 18 or younger and within four years of age of the victim, and the crime involves sodomy, it is considered a misdemeanor instead of a felony.
Penalties for a First Offense of Child Molestation in Georgia
According to Georgia law, the penalties for a first offense of child molestation are severe and include:
Prison Sentence: A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than 5 years and not more than 20 years
Counseling: Upon being jailed for a first offense, the Department of Corrections is required to provide counseling to the defendant.
Sex Offender Registration: A conviction for child molestation requires the individual to register as a sex offender within 72 hours of release from incarceration and comply with all registry requirements and restrictions.
Misdemeanor Exception: If the victim is at least 14 but less than 16 years of age, and the person convicted is 18 years of age or younger and no more than four years older than the victim, the offense is treated as a misdemeanor rather than a felony. See more information below about Georgia’s Romeo & Juliet laws.
You Can Be Arrested Without Any Evidence
Police can arrest you and charge you with child molestion soley based on an uncorroborated statement from an alleged victim. Physical evidence is not required for an arrest. You may be stuck in jail because your bond may only be set by a superior court judge, which can take several weeks. We have worked on cases of false accusations of aggravated child molestation.
Now is the time to call one of our sex crimes lawyers at (404) 567-5515 and set up your free consultation. If you are in jail we can work with a family member at first and then meet with you.
Child Molestation vs Aggravated Child Molestation Georgia
What does aggravated child molestation by injury mean in Georgia?
Aggravated child molestation definition in Georgia is defined under Georgia O.C.G.A. § 16-6-4: A person commits the offense of aggravated child molestation when they commit an act of child molestation that either physically injures the child, or involves an act of sodomy.
What is the sentencing on aggravated child molestation in state of GA? The penalties for aggravated child molestation OCGA 16-6-4 are severe and include:
Split Sentence:A person convicted of aggravated child molestation can be sentenced to life imprisonment or a split sentence that includes at least 25 years of imprisonment followed by probation for life.
Child molestation, as defined by Georgia Code § 16-6-4, involves the commission of immoral or indecent acts towards a child under 16 years old with the purpose of sexual gratification. This includes engaging in such acts in the presence of or with a child, or transmitting images of such acts using electronic devices to a child.
The ultimate goal is to arouse or satisfy the sexual desires of either the child or the perpetrator. This type of behavior is strictly prohibited and punishable under the law. Any individual found guilty of child molestation will face legal consequences for their actions.the child or involvement of an act of sodomy.
There are specific exceptions for young offenders close in age to the victim, which can reduce the charge to a misdemeanor under certain conditions. Convictions also require registration as a sex offender.
For first-time offenders of child molestation in Georgia, the law mandates that the Department of Corrections provide counseling during their incarceration. The specifics of the counseling program, such as its content and duration, are determined by the Department of Corrections, aiming to rehabilitate the offender and address the issues related to their criminal behavior.
Legal defense:
- Hiring an experienced criminal defense attorney immediately is crucial.
- Defenses may include lack of evidence, misidentification, or false accusations.
Immediate consequences:
- Potential job loss
- Damage to reputation
- Strain on personal relationships
It’s important to note that being arrested does not mean guilt has been proven. Anyone accused has the right to a fair trial and should seek legal counsel immediately to protect their rights and build a strong defense.
Georgia’s Romeo & Juliet Laws Apply to Child Molestation Cases
The “Romeo & Juliet” provision for child molestation applies when:
- The victim is between 13 and 16 years old
- The defendant is 18 years old or younger
- The age difference between the victim and defendant is no more than 4 years
Misdemeanor Treatment: If these conditions are met, the offense is treated as a misdemeanor rather than a felony. This significantly reduces the potential penalties and long-term consequences for the defendant.
Limitations:
- No defense is available for victims under 13 years old.
- The maximum allowable age gap is 4 years.
- The defendant must be 18 or younger.
These laws aim to avoid criminalizing consensual sexual relationships between teenagers who are close in age.
Georgia’s “Romeo & Juliet” provisions for child molestation are relatively limited compared to some neighboring states. For example, Alabama allows a 2-year age gap regardless of ages, and Florida allows a 4-year gap for 16-17 year olds.
Important Case Considerations:
- These provisions do not apply to other sexual offenses like statutory rape.
- They do not change the age of consent in Georgia, which remains 16.
- Consent is still not a defense if the conditions of the “Romeo & Juliet” law are not met.
It’s crucial to note that while these laws provide some protection in specific circumstances, any sexual activity with minors remains a serious legal issue. Anyone facing such charges or concerned about potential legal issues should consult with an experienced attorney for advice specific to their situation. Call our criminal defense law firm at (404) 567-5515 to speak with a sex crimes lawyer.